Overview
Russell County is located in Alabama with a population of approximately 58,837. The Russell 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 the Code of Alabama Title 43. 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 process for small estates known as the Alabama Small Estates Act. As of early 2026, this procedure is available for estates consisting of personal property only (no real estate) valued at $37,075 or less (this amount is adjusted annually for inflation). The process involves filing a petition for summary distribution after a 30-day waiting period.
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 Russell 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
Russell County Probate Court
Probate matters in Russell County are handled at the Russell County Courthouse.
Address: 1000 Broad Street, Phenix City, AL 36867
Phone: (334) 298-7979 (Probate Office)
Hours: Monday through Friday, 8:30 AM to 5:00 PM EST
The Probate Court is located on the first floor of the courthouse. Note that Phenix City operates on Eastern Standard Time (EST), unlike most of Alabama which is on Central Time.
Parking and Access
Public parking is available in the lots surrounding the courthouse. Visitors must pass through security screening upon entry; cell phones and electronic devices may be restricted.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Summary Distribution: If the estate contains no real property and is valued at $37,075 or less (2025-2026 threshold), you may qualify for summary distribution.
- Rights of Survivorship: Assets held jointly 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 Russell County Probate Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Petition for Letters (Form AOC-1 or similar local petition)
- Filing fee (approximately $50-$100, varies by petition type)
- Waivers and Consents from heirs (if applicable to speed up the process)
E-filing is not generally available for initial probate petitions in all Alabama counties; check with the clerk for current digital submission options.
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 Russell County (such as The Citizen of East Alabama) 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 waived or brief. 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 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 6-month creditor period has expired.
Local Requirements
Russell County-Specific Procedures
- Time Zone: Be aware that the court operates on Eastern Time.
- Bond: A surety bond is generally required for personal representatives unless the will explicitly waives it or all heirs/beneficiaries waive the requirement.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Russell County, such as The Citizen of East Alabama, for three consecutive weeks.
- Inventory: Must be filed within 2 months of appointment unless waived by the will and all beneficiaries.
Always check with the Probate Clerk for the most current local rules regarding document formatting and number of copies required.
Timeline & Fees
Filing Fees (Russell County)
- Petition for Letters Testamentary/Administration: approximately $50-$100 (fees vary based on recording costs)
- Small Estate Summary Distribution: approximately $50
- Certified copies of Letters: approximately $5 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: $3 per page
- Indexing fee: $7.50 (effective February 1, 2026)
Alabama law allows for reasonable attorney's fees and executor commissions, typically based on the complexity of the estate rather than a fixed percentage.
Payment Methods
The court accepts cash, money orders, and business checks. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory statutory minimum for formal probate.
Local Resources
Russell County Court Resources
- Court Website: russellcountyprobate.us
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: Administrative Office of Courts
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
- The Citizen of East Alabama: (334) 297-8846 — Newspaper of general circulation
- The Observer: (334) 749-8003 — Serves East Alabama