Overview
Marshall County is located in Alabama with a population of approximately 102,000. The Marshall 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 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 the 2025-2026 period, this is generally available for estates valued at $37,075 or less (adjusted annually for CPI; note that the Revised Alabama Small Estates Act effective October 2025 may increase this threshold significantly—verify current limits with the court).
Alabama does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval if contested.
This guide provides an informational overview of the Marshall 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
Marshall County Probate Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 425 Gunter Avenue, Suite 110, Guntersville, AL 35976
Phone: (256) 571-7764 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Judge's office is located on the first floor of the Guntersville Courthouse. There is also a satellite office in Albertville, but primary probate filings are typically handled in Guntersville.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the building. Security screening is required for entry into 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 only and is valued at $37,075 or less (CPI adjusted; check current limit), you may qualify for simplified summary distribution.
- Survivorship: Assets held as "joint tenants 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 Marshall County Probate Court. Include:
- Petition for Letters (Testamentary or Administration)
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (varies; typically $45-$100 base plus recording fees)
- Next of Kin form and Waivers/Consents from heirs (if applicable)
The court may require a bond unless the will waives it or all heirs consent to a waiver (and the judge approves).
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 to creditors in a newspaper of general circulation in Marshall County (e.g., The Advertiser-Gleam) 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, the hearing may be brief or handled administratively. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims)
- Inventory the estate assets within 2 months
- 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 (unless all heirs consent to a consent settlement)
Local Requirements
Marshall County-Specific Procedures
- Filing Fees: Marshall County has a specific fee sheet updated periodically (e.g., July 2025). Expect base fees plus per-page recording costs.
- Bond: A corporate surety bond is generally required for administrators unless all heirs waive it and the court approves.
- Publication: Notice to creditors must be published in a county newspaper such as The Advertiser-Gleam or Sand Mountain Reporter.
- Local Forms: The court provides some specific forms (e.g., Claim Against Estate, Guardianship requests) on its website.
Always check with the Probate Clerk for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (Marshall County)
- Petition for Letters: Varies (Base fee ~$45-$90 + recording fees)
- Recording Bond: approximately $59.00
- Special Probate Fee: approximately $5.00
- Publication costs: approximately $100-$200 depending on the newspaper
- Claim Against Estate: approximately $28.00 (verify current fee)
Note: Fees are subject to change. Consult the Probate Court Fee Sheet for exact amounts.
Payment Methods
The court accepts cash, credit/debit cards (with a processing fee, e.g., 2.5%), and checks (no out-of-state personal checks). Checks should be made payable to "Marshall County Probate Judge."
Estimated Timelines
- Simple estates (Summary Distribution): 30-60 days
- Average estates: 6-12 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to several years
The creditor claim period in Alabama is 6 months from the grant of letters, which sets the minimum duration for formal administration.
Local Resources
Marshall County Court Resources
- Court Website: marshallal.gov
- Probate Fee Sheet: 2025 Fee Schedule
- Alabama Probate Code: Title 43
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- The Advertiser-Gleam: (256) 582-3232 — advertisergleam.com
- Sand Mountain Reporter: (256) 840-3000 — sandmountainreporter.com