For families in the Shoals, estates run through the Lauderdale County Probate Office in Florence or the Colbert County Probate Office in Tuscumbia, depending on where the person lived.
The planning documents are the same across Alabama: a will under § 43-8-131, a durable power of attorney under § 26-1A-101 and following, an advance directive under § 22-8A-4, and correct deeds and beneficiary designations.
The two Shoals probate offices
200 South Court St. · (256) 760-5804 court · (256) 760-5800 recording
201 North Main St. · (256) 386-8542
| Lauderdale | Colbert | |
|---|---|---|
| Estates | $45.00 (first 5 pages, +$3.00/page) | Not published online |
| Administrations | $45.00 | Not published online |
| Deed recording | $16.00 first page, $3.00 each additional | $8.00 first page, $3.00 each additional |
| Extra names indexed | +$1.00 per grantor/grantee beyond two | +$1.00 each over two |
When we checked in August 2026, the Alabama Secretary of State’s statewide probate judge directory still listed the previous Lauderdale County judge. It had been out of date for over a year. Verify against the county’s own site or by phone rather than a statewide list.
Verified against each county probate office’s official website, August 2026.The documents
- Will. In writing, signed by you, and signed by at least two witnesses (§ 43-8-131). Add the self-proving affidavit under § 43-8-132 and a bond waiver under § 43-2-851(c).
- Durable power of attorney. Durable by default under § 26-1A-104. Have it acknowledged before a notary — § 26-1A-105 creates a presumption of genuineness only then, and institutions rely on it.
- Advance directive. Two or more witnesses aged at least 19, none related to you, entitled to your estate, your health care proxy, or financially responsible for your care (§ 22-8A-4).
- Deeds and beneficiary designations. These override the will. Check them.
Shoals families welcome
Athens is an easy drive, and much of this can be handled by mail-away signing where that is more convenient. Call the office.
What comes up in this part of the state
- Land held in the family for generations with no estate ever opened. Common in Lauderdale, Colbert, Franklin and Lawrence Counties. Every year adds heirs and cost.
- River and lake property, where access easements and boundary descriptions frequently need attention before a sale.
- Property spanning county lines, which means recording in each county where land sits (§ 35-4-50).
- Retirees moving in from other states, often still owning property elsewhere — one of the few situations where a trust genuinely earns its cost.
If someone has died
The clocks start immediately. Letters cannot be granted until five days after death (§ 43-2-45). Where there is no will, the spouse and next of kin have 40 days after the death is known to apply, or they are held to have relinquished the right (§ 43-2-43(b)). Notice to creditors must be published within 30 days of letters (§ 43-2-60), and claims must be presented within six months of letters or five months from first publication, whichever is later (§ 43-2-350).
Shoals estate questions
Can an Athens lawyer handle a Lauderdale County estate?
Yes. Any licensed Alabama attorney can file in any Alabama county. Much of the work — drafting, correspondence, filings — does not require anyone to be in the room.
How much does it cost to file an estate in Lauderdale County?
Lauderdale publishes $45.00 for estates, covering the first five pages with $3.00 per page thereafter, and $45.00 for administrations. Publication in a newspaper and, in some estates, a bond premium are additional.
What does it cost to record a deed in Colbert County?
Colbert publishes $8.00 for the first page and $3.00 for each additional page, plus $1.00 for each name indexed beyond two. The deed tax under Ala. Code § 40-22-1 is $0.50 per $500 of value conveyed.
We have family land nobody ever probated. Is it too late?
Usually not, but it gets harder every year as each generation adds heirs. Clearing it means reconstructing the chain of title, opening the estates that were never opened, and recording corrective instruments. It is worth starting now.
Can I sign the documents without driving to Athens?
For most estate planning documents, yes — signing can be arranged where you are, with the witnessing and acknowledgment requirements met properly. Tell us at the outset and we will set it up.
Which county do I file in if the person owned land in two counties?
The estate is administered in the county of domicile at death. Real property in another Alabama county generally requires additional steps so that county’s record reflects the transfer.
Shoals families, Athens office
Wills, powers of attorney, probate and heir property title work across Lauderdale, Colbert and Franklin Counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
