What to Do When Someone Dies in Jefferson County, Alabama
Probate in Jefferson County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Jefferson County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Jefferson County
Address
Phone
Hours
Departments
- Judicial (Birmingham)205-325-5426
- Judicial (Bessemer)205-481-4102
Jefferson County is the only county in Alabama with two elected Probate Judges. Bessemer Division located at 1801 3rd Avenue North, Bessemer, AL 35020, phone 205-481-4100.
Verified July 3, 2026 · Source
How Probate Works in Jefferson County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Jefferson County, probate runs through the Probate Court at 716 Richard Arrington, Jr. Boulevard North, Birmingham.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Alabama intestacy law when there is no will.
Most Alabama estates take 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to move through this process. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Jefferson County
What probate costs in Jefferson County, Alabama comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 716 Richard Arrington, Jr. Boulevard North, Birmingham.
Probate matters are handled through Judicial (Birmingham) and Judicial (Bessemer). Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Self-represented litigants may file in paper. These are county-specific and not posted on the statewide court site.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Jul 14, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://alafile.alacourt.gov/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source to 5%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Ala. Code § 43-2-851Verified Jul 14, 2026View source of estate value annually.
Probate in Alabama typically runs 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source, and costs accrue throughout. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate documents in Jefferson County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Filings here are routed through Judicial (Birmingham) and Judicial (Bessemer). Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
For a full cost comparison and filing checklist, see the Jefferson County Self-Filing Assessment.
Jefferson County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants may file in paper
Self-represented (pro se) litigants are not required to use AlaFile electronic filing. Paper filing is available at the probate court for all filings.
SourceWhat to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Jefferson County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Judge of Probate.
Recording Office Record
Judge of Probate
Jefferson County · Yashiba Glenn Blanchard (Presiding, Birmingham Place 1); Jameria Johnson Moore (Birmingham Place 2); Jacqueline S. Knox (Bessemer Division)
Address
Phone
E-recording
Recording fees
| Base fee (first page) | $13 |
| Each additional page | $3 |
Jefferson County charges $16.00 first page, $3.00 each additional page (deed). $1.00 stamp for documents without tax collection. $1.00 per additional grantor/grantee beyond two. UCC filings $33.00 for 1-2 pages. Map recording $28.00 base. Deed transfer tax $0.50 per $500 of value; mortgage tax $0.15 per $100 of indebtedness. Exceeds state statutory minimum.
Ala. Code 12-19-90(b)(22), (b)(24); Ala. Code 40-22-1(c); Title 45 Jefferson County local legislation
Transfer tax
$0.50 per $500 of value of the property conveyed, or fraction thereof (Ala. Code 40-22-1(c)). Transfer-on-death deeds are generally exempt (Non-operative: Alabama has no transfer-on-death deed. Ala. Code Title 35, Ch. 4 contains no TOD deed article, and the only Transfer on Death act in the Code (Ala. Code 8-6-140 to 8-6-151) covers securities registration, not real property. No TOD deed can be presented for recording in Alabama.). Alabama recordation tax is collected by the Judge of Probate at the time of recording (Ala. Code 40-22-1(d)-(e)). The tax is measured on the VALUE of the property conveyed, not on the consideration paid — 40-22-1(c) requires proof of actual value where the property has not been sold, so a no-consideration gift deed is still taxed on the property value. The nominal-consideration exemption in 40-22-1(b)(2) reaches only deeds "executed for a nominal consideration for the purpose of perfecting the title to real estate." Mortgages are taxed separately at $0.15 per $100 of indebtedness (Ala. Code 40-22-2(1)a.).
Largest county in Alabama. Bessemer Division located at 1801 3rd Avenue North, Bessemer, AL 35020, phone 205-481-4100. Jefferson County has local recording fee surcharges under Title 45 local legislation (quantified in recordingFees). County site blocks automated fetches; core contact/judge re-confirmed via Alabama Secretary of State directory.
Verified July 13, 2026 · Source
Probate Attorneys Serving Jefferson County
Alabama uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Jefferson County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Alabama are based on reasonable compensation — typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Jefferson County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Greater Birmingham Firms
Bachus, Brom & Taylor, LLC
FirmBirmingham probate lawyer helps individuals and families manage the estate administration process with care and efficiency.
Location
3125 Blue Lake Drive, Suite 101Birmingham, AL 35243
Phone
(205) 539-0238
Established
2013
Service Area
1 county
Hill, Gossett, Kemp, Barrentine & Seay, P.C.
FirmEstablished in 1980 with offices in Moody and Springville. Provides estate planning, wills, trusts, and probate administration to families throughout St. Clair, Jefferson, and Shelby counties.
Location
2603 Moody Parkway, Suite 200Moody, AL 35004
Phone
(205) 640-2000
Established
1980
Service Area
3 counties
Neal Law Firm, LLC
FirmOneonta firm located directly across from the Blount County Courthouse, handling probate, wills, estates, deeds, guardianship, and conservatorship matters for families in Blount County and the greater Birmingham region.
Location
217 2nd Avenue EastOneonta, AL 35121
Phone
(205) 625-6900
Service Area
3 counties
Waters Sullivan
FirmBirmingham firm guiding Jefferson County families through probate administration, will contests, trust disputes, and estate litigation throughout Alabama.
Location
2 20th Street North, Suite 1350Birmingham, AL 35203
Phone
(205) 855-5020
Service Area
1 county
Dummier & Young, LLC
FirmProbate and estate planning services in Birmingham. Over 30 years combined experience specializing in trust and estate administration, will contests, and probate litigation.
Location
1400 21st Way SouthBirmingham, AL 35205
Phone
(205) 631-8004
Daniel H. Chambers Law
Solo PracticeVestavia Hills solo practice serving Jefferson and Shelby counties and the greater Birmingham area. Handles estate administration, probate, wills, and trusts. Offers a free initial consultation.
Location
2081 Columbiana Road, Suite 3Vestavia Hills, AL 35216
Phone
(205) 913-4057
Firms from Neighboring Regions
Holliman & Holliman, Law Firm PLLC
FirmHusband-wife estate planning and elder law team with offices in Scottsboro and Birmingham. Specializes in long-term care planning, VA benefits, special needs trusts, Medicaid guidance, and business succession planning. John Holliman is a 4th-generation attorney.
Location
402 South Broad Street, Suite 200Scottsboro, AL 35768
Phone
(256) 259-3301
Service Area
5 counties
Balch & Bingham LLP
FirmMajor regional law firm with a dedicated estate planning and trusts practice. Handles estate and tax planning, estate and trust administration, litigation, and special needs planning.
Location
445 Dexter Avenue, Suite 8000Montgomery, AL 36104
Phone
(334) 834-6500
Service Area
6 counties
Gregory M. Varner & Associates
FirmFounded in Ashland in 2000, now a two-office firm with over 450 estate plans and 200 probate administrations completed. Attorney Gregory Varner is general counsel to the Clay County Commission and City of Ashland.
Location
104 Court SquareAshland, AL 36251
Phone
(888) 378-0246
Established
2000
Service Area
6 counties
Southern Estate Lawyers
FirmMobile and Baldwin County firm pairing proactive estate planning with estate and trust litigation, guiding families through probate administration, contested estates, and trust disputes along the Gulf Coast. Offers home and hospital visits for clients who cannot travel to the office.
Location
6001 Airport Boulevard, Suite 200AMobile, AL 36608
Phone
(251) 948-2168
Service Area
2 counties
Statewide Practices
Eastwood Estate and Probate Law
Solo PracticeEstates opened in 47 Alabama counties. Provides estate planning, probate and estate administration, estate and trust litigation, guardianships and conservatorships, and elder law services.
Location
2001 Park Place, Suite 510Birmingham, AL 35203
Phone
(205) 319-9995
Service Area
Statewide
The Harris Firm, LLC
FirmServing Alabama since 2005. Jefferson County probate lawyers and estate planning attorneys dedicated to giving clients peace of mind and expert legal support.
Location
2101 1st Avenue North, Suite 320Birmingham, AL 35203
Phone
(205) 201-1789
Established
2005
Service Area
Statewide
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
- Ala. Code § 43-2-350
- Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)
- Ala. Code § 43-2-848
- Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)
- Ala. Code § 43-2-851
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Jefferson County, attaching the original will (if any), the death certificate, and the filing fee ($175). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $29,964 statewide in Alabama. For Jefferson County, that means filing fees ($175 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Probate Court in Jefferson County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Alabama self-filing assessment scores whether this estate can be handled without one.
A simple Alabama probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Jefferson County probate.
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