Find Jefferson County Probate Records

Jefferson County Probate Court Divisions

The Probate Court of Jefferson County is a separate constitutional office, not part of the Tenth Judicial Circuit. It handles every probate judicial matter: wills, estates, guardianships, conservatorships, trusts, adoptions, mental-health commitments, marriage certificates, land records, notary, and elections. The court runs Birmingham and Bessemer divisions, mirroring the Bessemer Cutoff split that shapes the rest of the county's legal infrastructure.

Wills and Self-Proved Wills

Probate Court says Alabama enacted the self-proved will statute in 1982. Most wills are admitted to probate in Jefferson County without a hearing if proper petitions and waivers are submitted. A hearing is required if the will is not self-proved, if minors or incapacitated persons are involved, or if the location of one or more next-of-kin is unknown.

If a person dies without a will, the estate is intestate. An intestate estate can still be opened and administered. The same six-month minimum estate period applies to both testate and intestate estates.

The Six-Month Estate Minimum

Once a will is probated or an administration is opened, the testate estate must remain open for a minimum of six months. The same six-month minimum applies to intestate estates. The rule gives creditors time to file claims and gives the personal representative time to settle the estate before final distribution.

That six-month rule is one reason probate estates take longer than many families expect. Even a small, friendly, undisputed estate must run the clock. A personal representative who closes too early can face challenges from missed creditors.

Medicaid Estate Recovery Notice

Probate Court notes that Act 2019-489, signed June 10, 2019, requires specific notice to the Alabama Medicaid Agency at the start of all probate estate proceedings and all Small Estates Act filings. Personal representatives or persons filing petitions to open an estate must give the notice. The Act bars payment of certain claims and summary distributions until proof of notice is filed and Medicaid timely responds.

Guardianship and Conservatorship

Probate Court says guardianship and conservatorship cases are generally involved hearings and always require testimony and documentation before the court appoints someone to either trust position. Conservators must post a surety bond to protect the assets of the minor or incapacitated person. The court appoints guardians for personal care decisions and conservators for asset management.

For Jefferson County, the Probate Court lists two related officials. The County Administrator is Jay Greene, Esq., 4553 Pine Tree Circle, Suite 104-4, Birmingham, AL 35243, office (205) 746-2465. The County Guardian and Conservator is Edmond Earle, Esq., 1820 7th Avenue North, Suite 105, Birmingham, AL 35203, office (205) 458-0041.

Probate Terms Defined

Probate law has its own short list of terms. The definitions below cover the most common ones used in Jefferson County filings.

Testator

The person who made the will.

Executor

The person named in the will to manage the estate.

Administrator

The court-appointed person who manages an intestate estate.

Intestate

Dying without a valid will; the estate still opens under state default rules.

Conservator

A court-appointed person who manages assets of a minor or incapacitated adult.

Guardian

A court-appointed person who makes care decisions for a ward.

Letters testamentary

The court order that empowers an executor to act for the estate.

Letters of administration

The court order that empowers an administrator to act for an intestate estate.

Jefferson County Probate Fee Schedule

Probate Court publishes a fee schedule under judicial court costs effective 10/15/25. The table below lists the items most filers ask about. Always confirm the current amount on the live probate court costs page before you pay.

Probate Land Records

Probate Land Records is a constitutional office established by the Alabama legislature as custodian of legal documents pertaining to real property. The Land Records function records warranty deeds, mortgages, releases, powers of attorney, liens, plats, amendments, and other documents designated by state law. The local office links to Landmark Web for online search.

The recording cost schedule, recording FAQ, and Land Records office description are posted under the Probate Court Recording department. For research on a specific deed or mortgage, the Land Records counter at Probate Court can pull records and certify copies. The Probate Court describes its motto as "We Are The Helping Court," and the Record Room uses current technology while spending time with each client.

Marriage Certificates Through Probate Court

Marriage certificates filed under Alabama Act 2019-340 sit with Probate Court. The recording fee is $84.50, certified copies are $3.00, and county-recorded certificates from June 1985 forward are available at either Probate division. For the full marriage and divorce workflow, see marriage and divorce records.

Probate Filing Walkthrough

The steps below sketch a routine probate filing. Each estate has its own details, and a probate lawyer can map the full path. Probate Court's own statement is that information on its site is based on Alabama law and is informational only, not legal advice.

1. Determine whether the decedent had a will.
2. If the will is self-proved and waivers are in order, the will may be admitted without a hearing.
3. If the will is not self-proved, or minors or missing next-of-kin are involved, expect a hearing.
4. File the petition and pay fees through Probate Court.
5. Obtain letters testamentary or letters of administration once appointed.
6. Give Medicaid Estate Recovery notice where required.
7. Keep the estate open for at least six months.
8. File inventories, claims, creditor notices, and the final settlement as applicable.

Restricted Probate Records

Not every probate file is public. Adoption records are restricted under Alabama Code Section 26-10E-31 and adoption statutes; access generally requires statutory authority or court order. Mental-health commitment files contain medical content and are not treated as ordinary public records. Some guardianship records may have limited access because of medical or financial information about a ward.

Land records, marriage certificates after 2019, and most estate filings are public on routine request. The Probate Court counter staff can describe the request process and the fees but cannot give legal advice on a specific file.

Related Jefferson County Records

For marriage certificates and divorce filings, see marriage and divorce records. For Circuit Clerk contacts and trial-court records, see Clerk of Court. For the open-records framework that applies to probate, see court records.