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Alabama · Twenty-Sixth Judicial Circuit of Alabama

Russell County Probate Court Guide

Probate Court information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

6 months
Creditor claims, from appointment
334-298-7979
Filing office phone
Independent guide · Verified June 2026 · Russell County Probate CourtSources (11)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Russell County Health Department (Vital Records) / Alabama Center for Health Statistics

Cost: $15/copy
Get: 10 copies
How to order
Office info

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

Alabama does not set a short fixed day count for a custodian to deposit a will in this template, but a will is not effective unless filed for probate within five years of the testator's death (Ala. Code 43-8-161). The will is offered for probate in the probate court of the county where the decedent was an inhabitant at death. Verify the custodian's obligations and timing with the probate office. (Ala. Code 43-8-161)

Cost: Verify locally
Where: Russell County Probate Court
Clerk Website

Creditor claim window

Creditors generally have 6 months from grant of letters (or five months from first publication of notice, whichever is later) to bring claims against the estate. (Ala. Code 43-2-350; 43-2-60; 43-2-61; 43-2-62)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Alabama small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Alabama's summary distribution procedure is a court-filed small-estate process for qualifying estates consisting of personal property within the statutory value limit. It requires a verified petition in the county probate court, publication of notice, and proof of notice to the Alabama Medicaid Agency; the court cannot enter summary distribution until at least 30 days after the required publication. Verify eligibility and the current inflation-adjusted threshold before relying on this path.

Qualifies:
Small estate amount under the Revised Alabama Small Estates Act (Ala. Code 43-2-691(7), Act 2025-431) is the combined homestead allowance, exempt property, and family allowance, computed at $47,000 for claims on or after April 1, 2024; verify the current amount with the probate office and recheck after the July 1, 2026 CPI adjustment.
Typical duration:
The probate court cannot enter summary distribution until at least 30 days after required publication and Medicaid notice timing.

Alabama has no out-of-court small estate affidavit for general personal property. Holders of a decedent's property release it either to a personal representative holding letters or to the persons named in the probate court's order of summary distribution (Ala. Code 43-2-692 through 43-2-694).

The executor (with a will) or administrator (without a will) petitions the county Probate Court for letters testamentary or letters of administration, then administers the estate under the court's oversight, including notice to creditors, inventory where required, and settlement. Verify bond, surety, original-will, and notice requirements with the probate office.

Qualifies:
Larger estates, or when no simplified option fits
Attorney:
not required by law, though many families use one

Attorney need depends on disputes, real estate, insolvency, tax issues, minors, and county practice.

File for Probate

Where to file, forms & fees

Where to File

Office: Russell County Probate Court
Address: Russell County Courthouse, First Floor, 1000 Broad Street, Phenix City, AL 36867
Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. (Eastern Time)
How: in person, mail
Get Forms

Free Filing Help Available

Russell County Probate Court can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Russell County Probate Court - Recording (Land Records)

Website
Russell County Revenue Commissioner (property assessment and tax) Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Russell County license or vehicle title office

License official

Address:
Phenix City, AL (verify local office address)
Office Website

Transfer scenarios

Vehicle From Estate — Estate Is or Will Be Probated

Documents needed:

  • Vehicle title in decedent's name
  • Letters testamentary, letters of administration, or an equivalent court order (e.g., Probate Court summary distribution order)
  • Certified death certificate
  • Title application through the county license plate issuing official (designated agent)

Per Admin. Rule 810-5-75-.09(2). A summary distribution order under § 43-2-693 qualifies as 'an equivalent order issued by a court of competent jurisdiction.'

Vehicle From Estate — Estate Not Probated

Documents needed:

  • Vehicle title in decedent's name
  • Next of Kin Affidavit (Form MVT 5-6) — signed by all heirs attesting their desire to apply for replacement title or transfer ownership
  • Copy of death certificate for the person reflected as owner

Per Admin. Rule 810-5-75-.09(1). Processed through the county license plate issuing official (designated agent).

Forms

  • Next of Kin Affidavit(MVT 5-6)(Official ALDOR form confirmed at the published PDF URL (accessed 2026-06-27). Form revised February 2020.)

Fees

State fee paid to ALDOR for each title transaction, including a certificate of title after transfer (§ 32-8-6(a)(3)) and a replacement or corrected certificate of title (§ 32-8-6(a)(2)).(Ala. Code § 32-8-6(a))$15
Commission retained by the designated agent (county license plate issuing official) per title transaction. Added to the state fee; the agent remits the $15 to ALDOR and retains the $1.50.(Ala. Code § 32-8-6(b))$1.5
Minimum total per title transaction ($15 state fee + $1.50 agent commission). Counties may charge additional local fees not set by ALDOR.$16.5

Fees apply per transaction. Per Rule 810-5-75-.09(4), the fees for deceased-owner title transfers are set by § 32-8-6. If more than one transaction is involved in a single-vehicle application and all required documents are presented, only one fee is charged (§ 32-8-6(c)).

Small-estate vehicle transfer

Alabama's 'Revised Alabama Small Estates Act' (Ala. Code §§ 43-2-690 through 43-2-696.02) provides a 'summary distribution' procedure through the county Probate Court for estates whose total personal property value does not exceed the 'small estate amount.' The small estate amount is a CPI-adjusted sum of the homestead allowance (§ 43-8-110), exempt property (§ 43-8-111), and family allowance (§§ 43-8-112 & 43-8-113). As of the July 1, 2023 CPI adjustment (effective April 1, 2024 per § 43-8-116), the small estate amount is $47,000 ($18,800 homestead + $9,400 exempt property + $18,800 family allowance). A Probate Court summary distribution order (§ 43-2-693) qualifies as 'an equivalent order issued by a court of competent jurisdiction' under ALDOR Admin. Rule 810-5-75-.09(2), enabling the titled transfer of a vehicle at the county designated agent. The next CPI review will occur July 1, 2026.

Confirmed via Admin. Rule 810-5-75-.09(2) ('equivalent order issued by a court of competent jurisdiction') and § 43-2-694 (delivery of order to 'registrar or transfer agent'). Small estate amount components confirmed from Alabama State Treasurer CPI adjustment table (treasury.alabama.gov/resources/consumer-price-index-law/).

Lost or duplicate title

Fee: $16.5, $15 state fee + $1.50 designated agent commission per § 32-8-6(a)(2) and (b)., (Ala. Code § 32-8-6(a)(2))

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (2)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Alabama

Frequently Asked Questions

How much does probate cost in Russell County?
Probate filing fees in Russell County, Alabama vary by the type of administration. Contact the Probate Court for the current fee schedule.
How long does probate take in Russell County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Russell County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Alabama Resources

Explore the rest of the Alabama probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Russell County Probate Court on June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alabama can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.