What to Do When Someone Dies in Russell County, Alabama

How probate works in Russell County: the Probate Court record, what the process costs, and how to file there.

Probate Court Record

Russell County Probate Court

Russell County

Hours

Monday-Friday 8:00 AM-5:00 PM ET

Office

1000 Broad Street, 1st Floor, Phenix City, AL 36867

Self-represented filing

Allowed

Mail and offices

Fax

1-334-384-9866

Verified October 15, 2026 · Source

How Probate Works in Russell 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 Russell County, probate runs through the Probate Court at 1000 Broad Street, 1st Floor, Phenix City.

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 Russell County

What probate costs in Russell 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 1000 Broad Street, 1st Floor, Phenix City.

Alabama's statutory fee for probating a will or granting letters of administration is $45, with $3 for each page beyond five on a will and beyond ten on a final settlement. Local acts set higher charges in many counties, from $45 in Shelby and Mobile to $175 for a will in Jefferson. The estate pays the county probate court's own scheduleAla. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source. 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.

How to File Probate at the Probate Court

Probate cases in Russell County are filed at the Probate Court. File in person during business hours or by mail.

Can You File Without an Attorney?

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 Russell County Self-Filing Assessment.

Russell 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

Send two originals and a return envelope for documents you need back

Include at least two originals of any document you need returned, one for the court and one for you, and a self-addressed stamped envelope for anything to be returned by mail.

Source

What to Bring

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.

Death Certificates and the Coroner in Russell County

In Alabama a death is registered locally, and in Russell County certified copies of the death certificate are issued by Russell County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.

Vital Records Office Record

Local Health Department

Russell County · Russell County Health Department

Hours

7:30 AM-5:00 PM

Office

1850 Crawford Road, Phenix City, AL 36867

Certified copies

At the counter

Fax

1-334-777-1435

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Russell County · Russell County Coroner's Office

Office

311 A Prentiss Drive, Phenix City, AL 36869

Verified November 2, 2026 · Source

Funeral Homes in Russell County

7 funeral homes and crematories in Russell County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

Stovall Funeral Home is on Main Street in Hurtsboro, in Russell County, and states it has served the Hurtsboro community since 1928. The site says the business is still owned and operated by the founding family, and that it funds a scholarship for graduating seniors from Russell County.

Colonial Funeral Home & Crematory is on 14th Street in Phenix City. Its staff includes licensed funeral directors, embalmers and crematory operators, and its site posts the general list of goods and services effective October 1, 2026, veterans resource pages and a link to Colonial Monuments.

New Generation Memorial Mortuary, LLC is on South Seale Road in Phenix City, with the motto "Celebrating the Living Legacy". Its facilities page shows a chapel, a reposing room, a conference room, a hall of memories and a life celebration center. The site posts obituaries and resource pages on veterans headstones and burial flags, Social Security benefits and grief support.

Striffler-Hamby Mortuary is a Dignity Memorial funeral home on Highway 431 North in Phenix City, in Russell County. It guides families through cremation and funeral options, from memorial markers and obituaries to catering and receptions, and states a partnership with the National Infantry Museum honoring the legacy of the U.S. Army infantryman.

CremationPre-need arrangements

Taylor Funeral Home, Inc. is on 5th Avenue in Phenix City, in Russell County. It offers pre-arranged and pre-funded funeral plans, insurance consulting, notary service and aftercare support for grieving families, and lists membership in the National Funeral Directors Association and the Georgia Funeral Service Practitioners Association.

Pre-need arrangements

See all 7 funeral homes in Russell County →

Funeral homes by city: Hurtsboro, Phenix City

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in Russell County

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 Russell County are recorded with the Judge of Probate at 1000 Broad Street, Phenix City, AL 36867. Phone: 1-334-298-7979. Hours: Monday-Friday 8:00 AM-5:00 PM ET.

The Judge of Probate charges $3 for the first page plus $3 for each additional page.

Recording Office Record

Judge of Probate

Russell County

Hours

Monday-Friday 8:00 AM-5:00 PM ET

Office

1000 Broad Street, Phenix City, AL 36867

Fax

1-334-384-9866

Verified October 16, 2026 · Source

Probate Attorneys Serving Russell County

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 Russell 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.

Phenix City firm serving Russell and Lee Counties since 1979, now in its third generation of Benton attorneys. Handles probate and the administration of estates, guardianships and conservatorships, and estate planning with wills, trusts, powers of attorney and advance directives.

Since 1979Serves 2 countiesEstate PlanningProbateElder LawConservatorshipGuardianship

Opelika solo practice serving Lee County and nearby Phenix City, Tuskegee, Tallassee and Valley. Assists with probate and estate administration in the Lee County Probate Court, from filing the will and petition through notifying creditors and inventorying assets, along with wills, revocable, irrevocable and special needs trusts, and estate tax planning.

Solo PracticeServes 5 countiesFree consultationEstate PlanningProbateTax Planning

Montgomery firm founded in 1947 whose attorneys regularly appear before the Montgomery County Probate Court, with offices in Opelika and Tuscaloosa. Advises executors, trustees and beneficiaries in estate and trust administration, handles contested will, trust and estate matters, guardianships and conservatorships, and gift and estate tax matters before the IRS.

Since 1947Serves 3 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+5

Downtown Enterprise practice near the Coffee County Courthouse, Enterprise Division, working primarily in Coffee County. Ashley Cranford Marshall handles estate and probate work, will drafting and guardian nominations for children, including for military families, and also mediates. Virtual consultations are available.

Solo PracticeServes the whole stateVirtual consultationsEstate PlanningProbate

Greensboro Avenue practice a short walk from the Tuscaloosa County Probate Court, taking estates in Tuscaloosa County and across Alabama. Luke Barry handles probate from petition to closing, trust and estate administration with accountings and estate tax returns, and will contests and trust disputes. Flat fees are quoted before work starts.

Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Government Street firm founded by Vaughan Drinkard, Jr. in 1977, serving Mobile and the surrounding areas, Alabama and Southern Mississippi. It handles probate administration, including the paperwork, filings and court proceedings to settle an estate, along with revocable living trusts, wills and business entity formation. Partner Tara Drinkard Barber is admitted in Alabama and Mississippi.

Since 1977Serves the whole stateFree consultationEstate PlanningProbate

See all 16 firms serving Russell County →

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

(10)·

Data sourced from Alabama statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Alabama

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.

How Do I Settle an Estate?

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.

See the Steps

How Do I Settle a Trust?

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.

See the Steps

Can I Self-File Probate?

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.

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