Overview
Butler County is located in Alabama with a population of approximately 18,256. The Probate Court of Butler County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Alabama probate is governed by Title 43 of the Code of Alabama. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate Summary Distribution: Alabama offers a simplified process for small estates. For 2025-2026, the estate value threshold is $37,075 (adjusted annually for CPI). Effective October 1, 2025, under SB106, this limit increases to the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000). This procedure is available 30 days after death if no real property is involved.
Filing Fees: Fees are set by state statute and local acts. Expect initial filing fees to range from approximately $50 for small estates to $250+ for full probate petitions, plus publication costs.
This guide provides an informational overview of the Butler County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Probate Court of Butler County
Probate matters in Butler County are handled at the Butler County Courthouse.
Address: 700 Court Square, Greenville, AL 36037
Phone: (334) 382-3512
Hours: Monday, Tuesday, Thursday, Friday: 8:00 AM to 4:00 PM; Wednesday: 8:00 AM to 12:00 PM
The Probate Court is presided over by Judge Ann Steiner Gregory. The office handles the recording of wills, administration of estates, guardianships, and conservatorships.
Parking and Access
Public parking is available around the Court Square and on adjacent streets. The courthouse is located in downtown Greenville. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Summary Distribution: If the estate consists only of personal property valued at $37,075 or less (adjusting to ~$47,000 after Oct 1, 2025), you may file a petition for summary distribution 30 days after death.
- Survivorship Assets: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Letters of Administration with the Probate Court of Butler County. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Petition for Probate of Will / Letters of Administration
- Filing fee (typically ~$200-$300 depending on the petition type)
- Waivers and Consents from heirs (if applicable)
- Next of Kin form
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Butler County, such as The Greenville Advocate, for three successive weeks to notify creditors and unknown heirs.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 6 months from the date of grant of letters to file claims.
- Inventory and appraise all estate assets within 2 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Settlement and petition for discharge after the 6-month creditor period has expired.
Local Requirements
Butler County-Specific Procedures
- Filing Methods: Documents may be filed in person at the Probate Office. Check with the clerk regarding the availability of e-filing or mail-in filing options.
- Bond Requirements: A surety bond is generally required for personal representatives unless the will explicitly waives it or all heirs consent to a waiver (and the judge approves).
- Publication: Notice to creditors must be published in The Greenville Advocate or another approved newspaper of general circulation in Butler County.
- Local Forms: While many state forms are accepted, the court may have specific cover sheets or local affidavits. Contact the clerk for details.
Timeline & Fees
Filing Fees (Butler County)
- Petition for Letters Testamentary/Administration: approximately $200 - $300
- Small Estate Summary Distribution: approximately $50 - $100
- Recording Fees: $3.00 per page (varies)
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
- Certified Copies: ~$3.00 - $5.00 per copy
Note: Fees are subject to change. Contact the Probate Court at (334) 382-3512 for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee; personal checks are often not accepted for new filings.
Estimated Timelines
- Small Estate Summary Distribution: 30-60 days
- Simple Uncontested Estate: 6-9 months (minimum 6 months for creditor claims)
- Complex or Contested Estate: 12 months to 2+ years
The 6-month creditor claim period is a mandatory statutory waiting period for final settlement.
Local Resources
Butler County Court Resources
- Court Website: butlercogov.com/probate
- Alabama Administrative Office of Courts Forms: eforms.alacourt.gov
- Alabama Public Notices: alabamapublicnotices.com
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral Service: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- The Greenville Advocate: (334) 382-3111 — greenvilleadvocate.com