Overview
Greene County is located in Alabama with a population of approximately 7,127. The Greene 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 Letters of Administration (if 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, this procedure is available for estates consisting of personal property where the value does not exceed the sum of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 for 2026).
Alabama law sets statutory fees for personal representatives and attorneys at approximately 2.5% of ordinary receipts and 2.5% of ordinary disbursements, though the court may allow extra compensation for extraordinary services.
This guide provides an informational overview of the Greene 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
Greene County Probate Court
Probate matters in Greene County are handled at the Greene County Courthouse.
Address: 400 Morrow Avenue, Eutaw, AL 35462
Phone: (205) 372-3340 Ext. 1 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Judge, currently Hon. Rolonda M. Wedgeworth, presides over estate matters. The Probate Office is responsible for recording documents, issuing marriage licenses, and overseeing elections in addition to probate duties.
Parking and Access
Public parking is available around the courthouse square in downtown Eutaw. The building is accessible to the public during standard business hours, with security screening required at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estates): If the estate consists only of personal property and is valued at approximately $47,000 or less (adjusted annually), you may qualify for Summary Distribution after a 30-day waiting period.
- Survivorship Deeds: Real property held as "joint tenants with rights of survivorship" passes 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 Greene County Probate Court. Include:
- Petition for Probate (Form AOC-1 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically varies, approximately $50–$250 depending on the petition type)
- Waivers and Consents from heirs (if applicable)
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 obtain waivers).
- Publish notice in a newspaper of general circulation in Greene County (such as the Greene County Democrat) for three successive weeks to notify creditors.
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 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.
Local Requirements
Greene County-Specific Procedures
- Filing Methods: Documents are typically filed in person or by mail. Check with the clerk regarding the availability of e-filing.
- 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 a local newspaper, typically the Greene County Democrat.
- Local Forms: While Alabama uses standardized AOC forms, the Greene County Probate Office may have specific cover sheets or local preferences.
Always contact the Probate Office at (205) 372-3340 Ext. 1 to verify current filing fees and requirements before submitting documents.
Timeline & Fees
Filing Fees (Greene County)
- Petition for Letters Testamentary/Administration: approximately $250 (fees vary by case type and recording costs)
- Summary Distribution: approximately $50–$100
- Certified copies of Letters: approximately $5 per copy
- Publication costs: approximately $100–$200 depending on the newspaper
- Recording fees: typically $3 per page (varies)
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit/debit cards may be accepted with a convenience fee; personal checks are often not accepted.
Estimated Timelines
- Simple estates (Summary Distribution): 1-2 months
- Average estates: 6-9 months (due to the mandatory 6-month creditor period)
- 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 timeline.
Local Resources
Greene County Court Resources
- Court Website: greenecountycommission.com
- 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 — Provides civil legal aid to low-income Alabamians.
Publication
- Greene County Democrat: (205) 372-3373 — Newspaper of general circulation for legal notices.