Overview
Geneva County is located in Alabama with a population of approximately 26,659. The Geneva 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 Probate of Will (if there is a will) or a 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 late 2025/2026, this is available for estates where the value of personal property does not exceed the sum of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000, adjusted annually for inflation).
Alabama law allows for a statutory executor fee of up to 2.5% of receipts and 2.5% of disbursements, plus reasonable compensation for extraordinary services.
This guide provides an informational overview of the Geneva 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
Geneva County Probate Court
Probate matters in Geneva County are handled at the Geneva County Courthouse.
Address: 200 N. Commerce St., Geneva, AL 36340 (Mailing: P.O. Box 430)
Phone: (334) 684-5640 (Probate Office)
Hours: Monday through Thursday, 7:00 AM to 6:00 PM
The Probate Judge serves as the judge of the Probate Court. The office handles the recording of legal documents, marriage licenses, and elections in addition to probate matters.
Parking and Access
Public parking is available around the courthouse square and on nearby streets. The building is accessible to persons with disabilities.
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 of personal property worth approximately $47,000 or less (adjusted annually), you may qualify for a simplified process without full administration.
- 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 Probate of Will or Petition for Letters of Administration with the Geneva County Probate Court. Include:
- Original Will and Codicils (if applicable)
- Certified copy of the Death Certificate
- Petition for Letters Testamentary or Administration
- Filing fee (approximately $58.00 initial fee, subject to change)
- Waivers and Consents from heirs (if applicable)
E-filing is not generally available for initial probate pleadings in all Alabama counties; check with the clerk for current local protocols.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (or as required by statute).
- Publish notice to creditors in a newspaper of general circulation in Geneva County, such as the Geneva County Journal, once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition, hears any objections, and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed.
- 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 creditor period has expired (minimum 6 months).
Local Requirements
Geneva County-Specific Procedures
- Filing Methods: Documents are typically filed in person or by mail at the Probate Office.
- Bond Requirements: A bond is generally required for personal representatives unless waived in the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Geneva County, such as the Geneva County Journal.
- Local Forms: While the state provides standard forms, the Geneva County Probate Court may have specific preferences for cover sheets or order formats.
Always contact the Probate Clerk at (334) 684-5640 to verify the number of copies required and current filing fees before mailing documents.
Timeline & Fees
Filing Fees (Geneva County)
- Probate of Will: approximately $45.00 - $58.00 (initial fee)
- Administration: approximately $58.00 (initial fee)
- Recording Fees: $14.00 for the first page, $3.00 for each additional page
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies: approximately $3.00 per copy
Note: Fees are subject to change. Contact the court for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to several years
The timeline is largely dictated by the mandatory 6-month creditor claim period in Alabama.
Local Resources
Geneva County Court Resources
- Court Website: genevacountyal.gov/probate/
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- Geneva County Journal: (334) 684-2287 — Newspaper of general circulation for notices.