Overview
Franklin County is located in Alabama with a population of approximately 32,113. The Franklin County Probate Court 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.
Alabama offers a simplified procedure known as Summary Distribution for small estates. As of 2025, this is available for estates where the value of personal property does not exceed approximately $37,075 (adjusted annually for inflation) and no real property is involved.
Alabama law allows for a personal representative to receive a commission of up to 2.5% of receipts and 2.5% of disbursements, plus reasonable expenses, subject to court approval.
This guide provides an informational overview of the Franklin 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
Franklin County Probate Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 410 Jackson Avenue North, Russellville, AL 35653
Phone: (256) 332-8801 (Probate Judge's Office) | (256) 332-8850 (General Courthouse)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Judge's office is located within the county courthouse in Russellville. The court oversees the probate of wills, administration of estates, and guardianships.
Parking and Access
Free parking is generally available in the lots surrounding the courthouse and on the street. There is a public parking lot located directly behind the building, accessible from Jackson Avenue.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estate): If the estate consists only of personal property valued at approximately $37,075 or less (2025 threshold) and there is no real estate, you may qualify for this simplified process after a 30-day waiting period.
- Survivorship: 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 Petition for Letters of Administration with the Franklin County Probate Court. Include:
- The original will (if applicable)
- Certified death certificate
- List of heirs and next of kin
- Filing fee (typically paid by cash, check, or money order)
- Waiver of Notice/Bond forms (if applicable and signed by heirs)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Franklin County, such as the Franklin County Times, once a week for three successive weeks.
Step 4: Attend the Hearing
The court will review the petition. If the petition is in order and there are no objections, the judge will admit the will to probate (if applicable) and issue 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 and allow the 6-month creditor claim period to run.
- 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 to close the estate.
Local Requirements
Franklin County-Specific Procedures
- Filing Methods: Petitions are typically filed in person at the Probate Office.
- Bond: A surety bond is generally required for personal representatives unless the will explicitly waives it or all heirs agree to waive it.
- Publication: Notice to creditors must be published in a local newspaper, typically the Franklin County Times.
- Local Forms: While Alabama uses standardized forms, it is best to check with the Probate Court clerk for any specific local cover sheets or requirements.
Timeline & Fees
Filing Fees (Franklin County)
- Petition for Letters (Testate/Intestate): approximately $50.00 - $100.00 (base fee; recording fees are additional)
- Small Estate (Summary Distribution): approximately $78.00 - $100.00
- Certified copies of Letters: approximately $3.00 - $5.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
- Recording fees: typically $3.00 per page after the first page
Note: Fees are subject to change. Contact the Probate Court at (256) 332-8801 for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Simple estates: 6-9 months (includes the mandatory 6-month creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a statutory requirement in Alabama that significantly influences the minimum timeline.
Local Resources
Franklin County Court Resources
- County Website: franklincountyal.org
- Probate Office: Franklin County Probate Judge
- Alabama Judicial System: judicial.alabama.gov
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral Service: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- Franklin County Times: (256) 332-1881 — franklincountytimes.com