What to Do When Someone Dies in Winston County, Alabama

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

Probate Court Record

Winston County Probate Court

Winston County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

25125 AL-195, Suite 1, Double Springs, AL 35553

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Mail and offices

Mail

P.O. Box 27 Double Springs, AL 35553-0027

Verified October 15, 2026 · Source

How Probate Works in Winston 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 Winston County, probate runs through the Probate Court at 25125 AL-195, Suite 1, Double Springs.

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 Winston County

What probate costs in Winston 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 25125 AL-195, Suite 1, Double Springs.

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 Winston 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 Winston County Self-Filing Assessment.

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 Winston County

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

Vital Records Office Record

Local Health Department

Winston County · Winston County Health Department

Hours

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

Office

110 Legion Road, Double Springs, AL 35553

Certified copies

At the counter

Fax

1-205-973-9154

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Winston County · Winston County Coroner

Verified November 2, 2026 · Source

Funeral Homes in Winston County

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

Nichols Funeral Home's Addison location is on Highway 278 West in Addison, in Winston County, one of three Nichols locations with Haleyville and Double Springs. The site states its team helps families plan a personalized cremation or funeral service and walks them through preplanning.

CremationPre-need arrangements

Nichols Funeral Home's Haleyville location is on 11th Avenue in Haleyville, in Winston County, one of three Nichols locations with Addison and Double Springs. The site states its team helps families plan a personalized cremation or funeral service and walks them through preplanning.

CremationPre-need arrangements

Pinkard Funeral Home in Haleyville is on 21st Street at Highway 195 and was the first of the Pinkard Funeral Homes, opened in April 1994. The site states it is staffed with licensed funeral directors, embalmers and local employees, with spacious parking and easy access for senior citizens. Its staff list includes licensed pre-need insurance agents.

Funeral homes in Winston County →

Funeral homes by city: Addison, Haleyville

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

Transferring Property in Winston 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 Winston County are recorded with the Judge of Probate at 25125 AL-195, Suite 1, Double Springs, AL 35553. Phone: 1-205-489-5219.

Documents submitted by mail go to P.O. Box 27, Double Springs, AL 35553-0027.

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

Recording Office Record

Judge of Probate

Winston County

Office

25125 AL-195, Suite 1, Double Springs, AL 35553

Mail

P.O. Box 27 Double Springs, AL 35553-0027

Verified October 16, 2026 · Source

Probate Attorneys Serving Winston 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 Winston 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.

Haleyville and Hamilton firm serving Northwest Alabama since 1971. Handles probate administration and represents executors and families, along with trust administration, wills, living and testamentary trusts, powers of attorney and advance directives.

Since 1971Serves 11 countiesFree consultationEstate PlanningTrust AdministrationProbate

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

Downtown Birmingham firm in the Renasant Bank Building, a short walk from the Jefferson County Courthouse, practicing mainly in Jefferson and Shelby counties with estates open in 47 Alabama counties. Lindsey Eastwood handles probate and estate administration and litigates will contests, undue influence claims, beneficiary designation disputes and fiduciary breaches by executors and trustees.

Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+4

See all 15 firms serving Winston 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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