Overview
Winston County is located in Alabama with a population of approximately 23,700. The Probate Court of Winston 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 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 2026, this is available if the estate's value (excluding exemptions) does not exceed approximately $47,000 (adjusted annually for inflation). This process avoids full probate administration.
Alabama law allows for reasonable attorney's fees and personal representative fees, often calculated based on the value of the estate or the time and effort involved. The court must approve these fees.
This guide provides an informational overview of the Winston 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 Winston County
Probate matters in Winston County are handled at the Winston County Probate Office.
Address: 25125 Hwy 195, Double Springs, AL 35553
Phone: (205) 489-5219 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (title transactions will not be processed after 4:00 PM)
The current Probate Judge is Sheila G. Moore. The Probate Judge is the chief election official and chairman of the County Commission in addition to handling judicial duties. The office is located in the main courthouse building in Double Springs.
Parking and Access
Free parking is generally available in the lot adjacent to the courthouse. Visitors pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estate): If the estate is valued at approximately $47,000 or less (adjusted annually) and includes no real property, you may qualify for this simplified process.
- Survivorship Deeds: Real property held 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 Probate of Will or Petition for Letters of Administration with the Probate Court of Winston County. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and next of kin with addresses
- Filing fee (approximately $50-$70)
- Waivers and Consents from heirs (if possible to speed up the process)
E-filing is not widely mandatory for pro se litigants in all Alabama probate courts; 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 (if they have not waived notice).
- Publish notice in a newspaper of general circulation in Winston County (such as the Northwest Alabamian) 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, ensures the will is valid (if applicable), and issues Letters Testamentary or Letters of Administration.
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
Winston County-Specific Procedures
- Filing Fees: Fees are payable to the Probate Judge. Confirm the exact amount before filing, as recording fees ($3-$5 per page) can affect the total.
- Bond: A corporate surety bond is typically required for administrators (intestate) unless all heirs waive it and the judge approves, or if the will explicitly waives it.
- Publication: Notice to creditors must be published in the Northwest Alabamian.
- Local Rules: The court may require specific forms for the inventory and final settlement.
Always contact the Probate Office at (205) 489-5219 to verify specific local requirements before filing.
Timeline & Fees
Filing Fees (Winston County)
- Petition for Probate/Letters: approximately $50-$70 (plus recording fees)
- Small Estate (Summary Distribution): approximately $40-$50
- Certified copies of Letters: approximately $3-$5 per copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Recording fees: typically $3-$5 per page
Alabama law allows for reasonable compensation for the personal representative, often capped at 2.5% of receipts and 2.5% of disbursements, subject to court approval.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; call to confirm.
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 waiting period that cannot be shortened.
Local Resources
Winston County Court Resources
- Court Website: winstoncountyprobate.org
- 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
- Northwest Alabamian: (205) 486-9461 — mynwapaper.com