How probate works in Marshall County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Marshall County
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Self-represented filing
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About the court
Verified October 15, 2026 · Source
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 Marshall County, probate runs through the Probate Court at 425 Gunter Avenue, Suite 110, Guntersville.
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 months to 18 months to move through this process. Creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.
What probate costs in Marshall 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 425 Gunter Avenue, Suite 110, Guntersville.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Alabama allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payAla. 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 Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Ala. Code § 43-2-851Verified Sep 8, 2026View source of estate value annually.
Probate in Alabama typically runs 12 months to 18 months, and costs accrue throughout that period.
Probate cases in Marshall County are filed at the Probate Court. File in person during business hours or by mail.
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Marshall County Self-Filing Assessment.
Filed with the opening petition at the Probate Court: Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate; Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issueAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Aug 24, 2026View source.
In Alabama a death is registered locally, and in Marshall County certified copies of the death certificate are issued by Marshall County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.
Vital Records Office Record
Marshall County · Marshall County Health Department
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Certified copy fees
| First certified copy | $15 |
| Each additional copy ordered at the same time | $6 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Marshall County · Marshall County Coroner's Office
Verified November 2, 2026 · Source
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Judge of Probate.
Deeds and other real property documents for Marshall County are recorded with the Judge of Probate at 425 Gunter Avenue, Suite 110, Guntersville, AL 35976. Phone: 1-256-571-7764 ext. 4. Hours: Monday-Friday 8:00 AM-4:30 PM.
The Judge of Probate charges $11 for the first page plus $3 for each additional page.
Recording Office Record
Marshall County
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Recording fees
| Base fee (first page) | $11 |
| Each additional page | $3 |
Ala. Code 12-19-90(b)(20), (b)(22), (b)(24); Ala. Code 40-22-1(c); Act No. 92-512 (Marshall County special probate fee); Marshall County Recording Fees sheet
Verified October 16, 2026 · Source
Alabama allows independent administrationAla. Code § 43-2-834Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Alabama are based on reasonable compensation, billed hourly or as a flat fee. Ask a Marshall 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.
FirmGuntersville, AL
Guntersville firm founded in 1973 serving Marshall County and North Alabama families. Handles estate administration and estate litigation for executors and beneficiaries, conservatorships and guardianships, along with wills, trusts, powers of attorney and health care directives.
PracticesEstate PlanningProbateProbate LitigationConservatorshipGuardianship
FirmScottsboro, AL
Husband-and-wife firm with offices in Scottsboro and Birmingham, working in the Jackson, Jefferson and Shelby County probate courts. Guides personal representatives through probate and successor trustees through trust administration, alongside estate planning, special needs trusts, guardianships and conservatorships.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 6 more
FirmHuntsville, AL
Huntsville firm on Northside Square, in practice since 1937, serving estate clients in Madison, Marshall, Morgan and Limestone counties. Takes estates through probate, inventorying assets, obtaining appraisals and settling debts, and litigates will and trust contests, disputes over an executor's performance and contested guardianships. A partner has served as Madison County Conservator since 2001.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 2 more
FirmHuntsville, AL
Downtown Huntsville firm whose probate work is mostly in the Madison County Probate Court, with estates also handled in Limestone, Morgan, Marshall and Jackson counties. Represents executors named in a will from the petition for letters testamentary through creditor notice, inventory and closing, and advises successor trustees through trust administration. Bills most work at set prices.
PracticesEstate PlanningTrust AdministrationProbate
FirmFort Payne, AL
Fort Payne father-son firm serving DeKalb County and nearby communities from Scottsboro to Gadsden and Anniston. Handles estate administration and probate, conservatorships, guardianships, wills and trusts; Patrick H. Tate has served as general administrator for DeKalb County since 1977.
PracticesEstate PlanningProbateElder LawConservatorshipGuardianship
FirmScottsboro, AL
Scottsboro firm in the Rossen Building on the Jackson County Courthouse Square, serving Jackson, Madison, DeKalb, and Marshall counties. Guides executors through probate in the Alabama Probate Court, from filing the will to valuing assets, paying debts, and locating beneficiaries, and represents beneficiaries and executors in will contests and estate disputes.
PracticesEstate PlanningProbateProbate LitigationElder Lawand 5 more
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.
Data sourced from Alabama statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Alabama.
Settling an estate in Alabama: the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment; creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
Settling a trust in Alabama happens outside court: the trustee acts under the state's Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysAla. Code §§ 19-3B-813, 19-3B-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Browse vetted Alabama attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see Alabama attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether Alabama lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
