Overview
Jefferson County is located in Alabama with a population of approximately 665,000. The Probate Court of Jefferson 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 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.
For smaller estates, Alabama offers a Summary Distribution procedure. As of late 2025, this is available for estates where the value of personal property (excluding real estate) does not exceed the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 for 2026, adjusted annually).
Alabama law allows for a personal representative to be compensated. If the will does not specify a fee, the administrator or executor is entitled to a commission of up to 2.5% of receipts and 2.5% of disbursements, plus reasonable compensation for extraordinary services, subject to court approval.
This guide provides an informational overview of the Jefferson 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 Jefferson County
Probate matters in Jefferson County are handled at the Jefferson County Courthouse. Note that Jefferson County has two divisions: Birmingham and Bessemer. Most matters are handled in Birmingham, but check jurisdiction based on the decedent's residence.
Address: 716 North Richard Arrington Jr. Blvd., Birmingham, AL 35203
Phone: (205) 325-5420 (Probate Court General)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located on the first floor of the historic red brick courthouse in downtown Birmingham. The court handles wills, estates, adoptions, and guardianships.
Parking and Access
Public parking is available in the parking deck across from the courthouse on Richard Arrington Jr. Blvd. There is also metered street parking nearby. Visitors must pass through security screening upon entering the courthouse.
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 (2026 threshold) and no real estate is involved, you may qualify for this simplified process.
- 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 Petition for Letters of Administration with the Probate Court of Jefferson County. Include:
- The original Will and self-proving affidavit (if applicable)
- Certified copy of the death certificate
- Waivers and Consents from next of kin (if possible to speed up the process)
- Filing fee (typically around $175.00, but varies)
- A personal representative's bond (unless waived by the will)
Attorneys may file documents electronically via the court's e-filing system.
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 (if they have not waived notice).
- Publish notice to creditors in a newspaper of general circulation in Jefferson County (such as the Alabama Messenger) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is uncontested and all waivers are filed, a hearing may not be required in some cases. If a hearing is held, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to run (6 months from the grant of letters).
- Inventory 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
Jefferson County-Specific Procedures
- E-filing: Jefferson County utilizes an e-filing system (Landmark/Benchmark) which is mandatory for many attorneys. Pro se litigants should check with the clerk for paper filing options.
- Bond Requirements: A corporate surety bond is generally required for personal representatives unless the will explicitly waives it. The minimum bond amount is often determined by the value of the personal property.
- Two Divisions: Be aware of the "Bessemer Cutoff." Cases arising from the Bessemer Division jurisdiction must be filed in the Bessemer courthouse, while others go to Birmingham.
- Publication: The Alabama Messenger is the commonly used publication for legal notices in Jefferson County.
Always check the latest Administrative Orders from the Probate Judge for updates on remote hearings or procedural changes.
Timeline & Fees
Filing Fees (Jefferson County)
- Probate of Will / Letters Testamentary: approximately $175.00
- Administration (No Will): approximately $175.00
- Summary Distribution: approximately $50.00 - $60.00
- Recording Fees: $16.00 for the first page, $3.00 for each additional page
- Publication costs: approximately $55.00 - $75.00 (payable to the publisher)
Note: Fees are subject to change. Check the current fee schedule on the Probate Court website.
Payment Methods
The court typically accepts cash, credit cards (with a convenience fee), and business checks. Personal checks may not be accepted for all fees.
Estimated Timelines
- Simple estates (Summary Distribution): 30-60 days
- Average estates: 6-9 months (due to the mandatory 6-month creditor period)
- Complex or contested estates: 12 months to 2 years or more
The 6-month creditor claim period is a statutory minimum for formal administration, meaning the estate generally cannot be closed before this period expires.
Local Resources
Jefferson County Court Resources
- Court Website: jeffcoprobatecourt.com
- Probate Forms: jeffcoprobatecourt.com/home/probate-forms/
- State Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Birmingham Bar Association: (205) 251-8006 — Lawyer Referral Service
- Legal Services Alabama: (866) 456-4995 — Civil legal aid for low-income residents
- Alabama State Bar: alabar.org
Publication
- Alabama Messenger: (205) 322-0516 — Common legal organ for probate notices
- The Birmingham News: (205) 325-2211