Birmingham Probate Court Records

Probate court records for Birmingham residents are kept at the Jefferson County Probate Court Birmingham Division. Birmingham is found in Jefferson County, which runs two separate probate divisions to serve the county's population of over 700,000 citizens. The Birmingham Division handles probate matters for Birmingham. And surrounding areas in the eastern portion of the county. The Bessemer Division serves the western portion. Estate administration files, probated wills, guardianship proceedings, conservatorship orders, sealed adoption records, name change decrees, and property transfer documents are filed and kept at the Birmingham Division courthouse on Richard Arrington Jr. Boulevard. Birmingham residents seeking to probate a will, open estate administration, set guardianship. Or conservatorship, file for adoption, or petition for a name change must file their case with the Birmingham Division of Jefferson County Probate Court.

Which County Handles Probate Filings for Birmingham

Birmingham is found in Jefferson County. All probate court filings for Birmingham residents are handled by the Jefferson County Probate Court Birmingham Division. Jefferson County runs two probate divisions due to the county's large population and geographical size. The Birmingham Division serves Birmingham. And the eastern portion of Jefferson County. The Bessemer Division serves the western portion of the county.

Under Alabama Code Section 12-13-1, the probate court has original and general area over all matters relating to estates of deceased persons, guardianships and conservatorships for minors and incapacitated adults, adoptions, name changes, and other matters stated by statute. Wills must be filed in the county. Where the deceased person lived. Alabama law needs wills to be filed within five years of the testator's death to remain effective.

Jefferson County Probate Court Birmingham Division

The Birmingham Division of Jefferson County Probate Court is found on Richard Arrington Jr. Boulevard in downtown Birmingham. This location handles all probate court functions for Birmingham residents like estate administration, guardianships, conservatorships, adoptions, name changes, marriage licenses, motor vehicle title transfers, deed recordings, and elections administration. Staff at this office can assist with filing documents, searching records, requesting copies, and answering procedural questions.

Birmingham residents must file probate matters at the Birmingham Division. The court gives services to the Birmingham metropolitan area. And surrounding communities in eastern Jefferson County. Probate court records are public under Alabama Code Section 36-12-40 except where restricted by law for adoptions, mental health proceedings, or other confidential matters.

Types of Probate Records Available for Birmingham Residents

Estate Administration Files

When a Birmingham resident dies, their estate must be administered through the Jefferson County Probate Court. The process begins with filing a petition for letters testamentary if the deceased left a valid will. Or a petition for letters of administration if the deceased died intestate. Under Alabama Code Title 43, Chapter 2, the personal representative must file an inventory and appraisement within two months of appointment. Creditors have six months from grant of letters. Or five months from first publication to file claims under Alabama Code Section 43-2-350.

Estate files contain the original will or petition, letters issued by the court, inventory of assets, claims filed by creditors, accountings showing receipts and disbursements, receipts and releases from heirs or beneficiaries, and final settlement documents. These files remain permanently in the probate court archives. Interested parties can review estate files to find out property ownership, identify heirs and beneficiaries, verify payment of debts, or research family history.

Small Estate Administration

Alabama Code Section 43-2-692 gives a simplified procedure for small estates under the Alabama Small Estates Act. This statute allows summary distribution of personal property. When the estate value does not exceed limits adjusted annually for inflation. Small estate procedures give a faster distribution method without full probate administration for qualifying estates. Volunteer Lawyers Birmingham gives limited probate services for cases involving decedent funds in banks or life insurance policies with values of $20,000.00 and below for eligible low-income residents.

Guardianship and Conservatorship Records

The probate court appoints guardians for minors. And incapacitated adults who cannot manage their own affairs. Alabama Code Title 26, Chapter 2A governs guardianship. And conservatorship proceedings. A guardian manages personal welfare and health care decisions. A conservator may be appointed. When an incapacitated person is unable to manage property. And business affairs and has property that will be wasted without proper management or needs funds for support.

Guardianship files include the petition for appointment, medical evidence or certificates of incapacity, court orders appointing the guardian or conservator, bonds, annual accountings and reports, court orders approving actions or expenditures, and final discharge orders. Guardians and conservators must file detailed annual accountings with the court. These records are usually public under Alabama Code Section 36-12-40, subject to recent privacy rules restricting certain personal information.

Adoption Records

Probate courts in Alabama have exclusive area over adoption proceedings. However, adoption records are sealed by statute once the final decree is entered. Under Alabama Code Title 26, Chapter 10A, identifying information from sealed adoption files cannot be disclosed except by court order. Before the final decree, only the petitioner, their attorney, the preplacement investigator,. And any attorney for the minor have access to the adoption file.

Volunteer Lawyers Birmingham gives limited help with adoptions by relatives only for eligible low-income Jefferson County residents. An adoptee who reaches age 19 may petition the probate court for disclosure of identifying information about biological parents. The court will not release such information without the natural parent's written consent unless the court finds out disclosure is in the best interest after weighing all relevant factors.

Name Change Records

Birmingham residents seeking a legal name change must file a verified petition in Jefferson County Probate Court under Alabama Code Title 12, Chapter 13. The court must find compliance with notice requirements, good. And enough reason for the change, and that the change is consistent with the public interest. For child name changes, notice must be given to both parents unless waived.

Name change files contain the verified petition, proof of notice. Or waivers, and the court order granting or denying the petition. These records are usually public unless sealed for specific reasons like domestic violence protection. Or witness protection. Name change records can assist with genealogical research. Or tracing individuals through different surnames.

Fees and Costs

Alabama Code Section 12-19-90 sets a statutory fee schedule for probate court services. The statute sets standard fees. But does not repeal local laws that may prescribe different fees for judges of probate. Jefferson County Probate Court follows either the statutory schedule. Or a local fee schedule if one has been adopted.

Standard fees under Section 12-19-90 include:

• Will probate (5 pages or less): $45.00 with three certified copies of letters testamentary
• Letters of administration: $45.00 with three certified copies
• Additional pages: $3.00 per page for wills over 5 pages and final settlements over 10 pages
• Filing petitions: $3.00 per petition or paper filed
• Presiding in noncontested causes: $10.00
• Presiding in contested causes: $25.00 per day
• Certified copies: $2.00 per document plus page fees
• Uncertified copies: $1.00 per page

Contact the Jefferson County Probate Court Birmingham Division at 205-325-5420 for the current full fee schedule. Fees are subject to change. Payment is usually needed at the time of filing. Or when requesting copies. Most probate offices accept cash, checks, money orders,. And in some cases credit or debit cards.

Legal Framework and Statutes

Probate Court Jurisdiction

Alabama Code Section 12-13-1 sets the general area of probate courts in Alabama. This statute grants probate courts original and general area over granting letters testamentary and administration, probating wills, settling estates, appointing guardians and conservators, hearing adoptions, issuing name changes, and all other matters stated by law.

Estate Administration

Alabama Code Title 43, Chapter 2 contains full provisions governing estate administration. This chapter covers the duties. And liabilities of personal representatives, requirements for inventories. And accountings, procedures for selling estate property, payment of debts and claims, and distribution to heirs or beneficiaries.

Small Estates Act

Alabama Code Section 43-2-692 is part of the Alabama Small Estates Act passed in 1979. And revised in 2024. This statute gives a method through a court proceeding to distribute personal property of a deceased person in a summary distribution manner to a surviving spouse. Or right distributees without full probate administration when the estate value does not exceed the statutory limit.

Filing Claims

Alabama Code Section 43-2-350 needs claims against a decedent's estate to be filed within six months after grant of letters. Or five months from first publication of notice to creditors. Claims not filed within this period are barred unless an exception applies.

Public Records Access

Alabama Code Section 36-12-40 classifies records of the office of the probate judge as public writings. That are free for examination by all persons whether interested or not. The statute was recently amended in 2024 to clarify. That public officers are not obligated to respond to requests that are vague, ambiguous, overly broad, or unreasonable in scope.

Guardianship and Conservatorship

Alabama Code Title 26, Chapter 2A is the Alabama Uniform Guardianship and Protective Proceedings Act. This act took effect in January 1988. And governs the appointment. And duties of guardians and conservators for incapacitated persons and minors.

Legal Aid and Resources for Birmingham Residents

Volunteer Lawyers Birmingham

Volunteer Lawyers Birmingham gives free civil legal help to low-income residents of Jefferson County. Eligibility is based on income and asset levels. The organization offers limited probate services like adoption by relatives only, quitclaim deeds, corrective deeds, and cases involving decedent funds in banks or life insurance policies with values of $20,000.00 and below. Meetings with volunteer lawyers are by appointment only. Applicants must meet low-income requirements to qualify for services.

Legal Services Alabama

Legal Services Alabama serves eligible low-income residents throughout the state like Jefferson County. The organization handles civil cases like estate matters for qualified applicants. Services are gave by attorneys licensed to practice in Alabama.

Senior Legal Assistance

The Alabama Department of Senior Services Legal Help program serves adults age 60 and older. This statewide system of legal professionals gives help to older adults on various civil matters like estate planning and probate issues.

Birmingham Bar Association

The Birmingham Bar Association was founded in 1885 by 19 attorneys and now has almost 3,000 lawyers and judges in the metropolitan Birmingham area. The association gives continuing legal education seminars, ten sections divided by age, gender,. And practice area, and publishes a quarterly Birmingham Bar Bulletin. The association offers a lawyer referral service to help individuals. And businesses find local attorneys with experience in particular fields of law.

Jefferson County Law Library

The Jefferson County Law Library is available at https://lawlib.jccal.org/. And gives legal research resources for attorneys and the public.

Federal Court Access

The Hugo L. Black United States Courthouse was built in 1987. And named after former Supreme Court Justice Hugo Black. The courthouse serves the U.S. District Court for the Northern District of Alabama. The courthouse is one of several locations. Where the Northern District holds proceedings.

Birmingham Probate Resources

Nearby Cities with Probate Records

The below cities in Alabama also keep probate court records through their respective county probate courts:

• Hoover - Jefferson County
• Tuscaloosa - Tuscaloosa County
• Montgomery - Montgomery County
• Huntsville - Madison County