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Marshall County, AL Probate Information
Quick facts
| Item | Marshall County probate information |
|---|---|
| Court | Marshall County Probate Court |
| Probate office | Marshall County Probate Office, 425 Gunter Avenue, Suite 110, Guntersville, AL 35976 |
| Mailing address | Same as the probate office address |
| Phone | (256) 571-7764 |
| Fax | (256) 571-7732 |
| [email protected] | |
| Hours | 8:00 a.m. to 4:30 p.m.; county offices close on state holidays. Call before visiting. |
| Filing fee | The probate office publishes an itemized fee sheet. The current published sheet reviewed in August 2026 lists probate of a will at $45.00 under Ala. Code § 12-19-90(a)(1) and a grant of letters of administration at $45.00 under Ala. Code § 12-19-90(a)(2), with added line items that depend on the filing. |
| Local forms | Some local probate materials are published, including a Claim Against Estate form and the probate court fee sheet. The county does not publish a petition form for opening an estate. |
| Electronic filing | The county does not publish an electronic filing option for estate petitions. Ask the probate office what delivery methods it accepts. |
| Case search | Marshall County operates an online record search that includes land records and probate case records. An account is required for online access as of August 1, 2026. |
| Remote appearance | Ask the probate office when a hearing is set. Marshall County publishes no phone or video appearance rule for probate hearings. |
| Website | https://www.marshallal.gov/departments/probate/probate.html |
Before you begin — know the assets and liabilities
Before you draft or sign a petition, identify the assets, debts, title documents, and accounts that belong to the estate. Marshall County publishes detailed filing charges, but it does not publish a form for opening an estate, so the paperwork depends on what the estate actually owns. Sunset's asset discovery searches across 2,300 institutions to help families build that estate settlement picture first.
Check how any real property is titled before assuming it belongs in probate. The Marshall County Probate Office is also the county land records office, so the deed history for Marshall County property is tied to the same Guntersville office where an estate would be opened, and the county's online record system includes a land record search with an account.
Which court handles jurisdiction
The Marshall County Probate Court serves Marshall County from the probate office in Guntersville, the county seat. Estate filings are made at 425 Gunter Avenue, Suite 110, Guntersville, AL 35976.
Use Marshall County when the decedent was domiciled in Marshall County at death, or when a nonresident decedent left assets in Marshall County (Ala. Code § 43-8-162). The county's own site names Guntersville, Albertville, Arab, and Boaz through its courthouse and licensing office pages, but venue follows domicile or asset location, not a city name alone.
The probate judge also operates licensing offices in Albertville, Arab, and Boaz. Those published branch services are tags and licenses, not estate filings. If a map listing points you to a branch, call (256) 571-7764 before driving there with estate papers.
The jurisdiction process
- Find the original will, if there is one. Marshall County's own guidance says a person who has the will must deliver it to the probate court or to a person able to have it probated.
- Confirm venue in Marshall County. The estate opens in the Marshall County Probate Court if the decedent was domiciled in Marshall County at death, or if a nonresident decedent left assets there (Ala. Code § 43-8-162).
- Prepare the petition. Marshall County does not publish a form for opening an estate, and Alabama has no statewide probate form set, so the petition to probate a will or seek letters of administration must fit the estate.
- File with the Marshall County Probate Office at 425 Gunter Avenue, Suite 110, Guntersville. Do not assume the licensing offices in Albertville, Arab, or Boaz receive estate papers. Call (256) 571-7764 before going anywhere other than the Guntersville probate office.
- Pay the filing charges. The current published Marshall County fee sheet reviewed in August 2026 lists probate of a will at $45.00 under Ala. Code § 12-19-90(a)(1), a grant of letters of administration at $45.00 under Ala. Code § 12-19-90(a)(2), and separate charges for docketing, presiding, the decree, publication, copies, and per page filings. The probate office quotes the total for the specific filing. The sheet says payment may be made by cash, card with a 2.5% processing fee, or check payable to Marshall County Probate Judge, and that out-of-state personal checks are not accepted.
- The probate judge acts on the petition. In Alabama, the petition is filed in the probate office, and the probate judge is the judicial officer who rules on it.
- Address bond if the court requires it. Marshall County's published estate steps list bond, and the current published fee sheet reviewed in August 2026 lists approving bond at $10.00 under Ala. Code § 12-19-90(b)(13). Ask the probate office and counsel what applies to the estate.
- Give notice to heirs as required. The current published fee sheet reviewed in August 2026 lists notice by mail to a creditor or heir at $3.00 per notice under Ala. Code § 12-19-90(b)(8).
- Receive letters testamentary if there is a will, or letters of administration if there is no will. These documents prove the personal representative's authority to banks, transfer agents, title companies, and others. The current published fee sheet reviewed in August 2026 lists certified copies at $3.00 each under Ala. Code § 12-19-90(a)(5).
- Publish notice to creditors and give individual notice to known claimants. The current published fee sheet reviewed in August 2026 lists an order of publication at $3.00 under Ala. Code § 12-19-90(b)(6).
- Take control of estate property, inventory it, handle bills and claims, and administer the estate. Marshall County publishes a Claim Against Estate form for creditors; the current published fee sheet reviewed in August 2026 lists a claim filing and docketing charge of $3.00 under Ala. Code § 12-19-90(b)(21).
- Record real estate documents with the same probate office if estate administration requires a deed or other recorded instrument. The probate office keeps Marshall County land records and publishes a separate recording fee sheet for recorded instruments.
- Settle and close the estate after claims, expenses, transfers, and any required court approvals are handled. If a dispute or equitable issue arises, an interested party may petition to remove the already opened administration to the circuit court (Ala. Code § 12-11-41); the estate still opens first in the Marshall County Probate Court.
Forms and documents
Probate forms in Marshall County
Marshall County publishes a limited set of probate office materials, not a complete estate-opening packet. Its estate-specific local form is the Claim Against Estate, a creditor claim form captioned for the Probate Court of Marshall County. The county instructions say the claim must be notarized, proof such as receipts or invoices should be attached, and the filing charge is $3.00 under Ala. Code § 12-19-90(b)(21), as shown on the current published fee sheet reviewed in August 2026.
The county also publishes an itemized probate court fee sheet, a guardianship request form, and an adult name change form. It does not publish a petition to probate a will, a petition for letters of administration, an inventory form, a settlement form, or an estate cover sheet. Alabama has no statewide probate form set.
Marshall County's own guidance says estate work is often complex because the probate judge cannot advise on the law or provide forms. Treat the county pages and fee sheet as local filing information, not as legal advice or a substitute for a petition drafted to match the estate.
Fees
Marshall County is unusually helpful on probate costs because the probate office publishes an itemized probate court fee sheet with Alabama Code subsections next to the line items. The sheet does not publish one total for opening an estate because per page charges, notices, certified copies, publication, and other line items depend on the filing. Confirm the total with the probate office before filing.
| Fee item | Current published Marshall County amount, reviewed August 2026 | Code section printed on the county sheet |
|---|---|---|
| Probate of a will | $45.00 | Ala. Code § 12-19-90(a)(1) |
| Grant of letters of administration | $45.00 | Ala. Code § 12-19-90(a)(2) |
| Presiding in a non-contested cause | $10.00 | Ala. Code § 12-19-90(b)(14) |
| Docketing | $10.00 | Ala. Code § 12-19-90(b)(2) |
| Examining and entering decree | $3.00 | Ala. Code § 12-19-90(b)(17) |
| Order of publication | $3.00 | Ala. Code § 12-19-90(b)(6) |
| Filing petition and other papers, per page | $3.00 | Ala. Code § 12-19-90(b)(1) |
| Certified copy | $3.00 | Ala. Code § 12-19-90(a)(5) |
| Copy, per page | $1.00 | Ala. Code § 12-19-90(b)(25) |
| Claim filing and docketing | $3.00 | Ala. Code § 12-19-90(b)(21) |
| Notice by mail to creditor or heir | $3.00 | Ala. Code § 12-19-90(b)(8) |
| Approve bond | $10.00 | Ala. Code § 12-19-90(b)(13) |
| Presiding in a contested cause, per day | $25.00 | Ala. Code § 12-19-90(b)(15) |
| Proceedings to set aside elective share or exemptions | $35.00 | Ala. Code § 12-19-90(a)(9) |
The same current published fee sheet reviewed in August 2026 says the office accepts cash, cards with a 2.5% processing fee, and checks payable to Marshall County Probate Judge, but does not accept out-of-state personal checks. The sheet also lists prepaid guardian ad litem and court representative fees under Ala. Code § 12-19-43, including a $300.00 administration entry reviewed in August 2026; ask the probate office whether that applies to a particular estate.
Local nuance
Marshall County-specific considerations
| Local point | Why it matters for estate settlement |
|---|---|
| Guntersville is the estate filing counter | Estate papers go to the Marshall County Probate Office at 425 Gunter Avenue, Suite 110. The probate judge also operates licensing offices in Albertville, Arab, and Boaz, but the county lists those branch services as tags and licenses. |
| Published itemized probate fees | Marshall County publishes line item probate charges with Ala. Code § 12-19-90 subsections, including the $45.00 will probate item and the $45.00 grant of letters of administration item in the current published sheet reviewed in August 2026. The office still has to quote the total for the actual filing. |
| County probate case record lookup | The county's online record system includes a land record search and a probate case record search. An account is required for online access as of August 1, 2026. |
| Claim Against Estate form | Marshall County publishes a local creditor claim form. A personal representative can see in advance that a claim must be notarized and supported by documentation, and the current published fee sheet reviewed in August 2026 lists the claim filing charge at $3.00 under Ala. Code § 12-19-90(b)(21). |
| Payment limits for out-of-state families | The current published fee sheet reviewed in August 2026 says out-of-state personal checks are not accepted, so an out-of-state personal representative should call before mailing payment. |
Recent updates
| Date | Update |
|---|---|
| August 1, 2026 | Marshall County's online record system began requiring an account for online access. The system includes separate entry points for land records and probate case records. |
| October 1, 2025 | Alabama's small estate rules changed under Act 2025-431. Ask the Marshall County Probate Office how current summary distribution procedures are being handled locally. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking how the Marshall County home is titled before assuming it is part of the estate. The probate office in Guntersville is also tied to county land records, and the county's online system includes a land record lookup with an account. If a deed must be recorded, the same probate office is the local recording office. | Sunset helps identify accounts, assets, debts, and title clues before the petition is drafted, so the estate settlement plan starts with what the estate actually owns. |
| Out-of-state adult child with small estate | Marshall County does not publish an online estate filing route. Use the probate office's phone number, (256) 571-7764, and email, [email protected], to ask what can be handled by mail and whether an appearance will be needed. The current published fee sheet reviewed in August 2026 says out-of-state personal checks are not accepted. | Sunset helps organize the asset list, prepare the probate packet, and connect the family with local counsel when the county needs a filing tailored to the estate. |
| Parent settling predeceased child's estate, home must be sold | Letters of administration from the Marshall County Probate Court are usually the authority document a buyer's title company will ask to see when there is no will. The current published fee sheet reviewed in August 2026 lists a grant of letters of administration at $45.00 under Ala. Code § 12-19-90(a)(2) and certified copies at $3.00 each under Ala. Code § 12-19-90(a)(5). Raise sale authority with counsel early. | Sunset helps build the asset picture, generate the initial packet, and connect the family with a vetted attorney for sale authority and closing issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marshall County Probate Office estate pages | The county publishes local estate guidance, the steps it lists for probating an estate, and general information about wills and personal representatives. The county also says the information is to inform, not advise. | https://www.marshallal.gov/departments/probate/probate1.html and https://www.marshallal.gov/departments/probate/probate2.html |
| Marshall County probate court fee sheet | The county's itemized probate court fee sheet lists local probate charge items and payment rules. Use it to prepare for the filing counter, then ask the probate office for the total for your filing. | Linked from https://www.marshallal.gov/departments/probate/probate.html |
| Marshall County Claim Against Estate form | Creditors use this local form to present a claim. It must be notarized and supported by documentation, and the current published fee sheet reviewed in August 2026 lists the claim filing charge at $3.00 under Ala. Code § 12-19-90(b)(21). | https://www.marshallal.gov/departments/probate/Claimagainstestate.pdf |
| Legal Services Alabama | Statewide civil legal aid for low-income Alabamians, subject to eligibility and case priorities. Its practice areas include heirs property and estate planning, but it does not advertise estate administration representation. | Statewide intake: 866-456-4995. Spanish intake: 888-835-3505. Online applications: https://legalservicesalabama.org/ |
| Legal Services Alabama, nearest listed office | LSA lists a Huntsville office as one of its eight offices. Use statewide intake to be routed. | 2409 Commerce Court SW, Huntsville, AL 35801. Phone: 256-536-9645. |
| AlabamaLegalHelp.org | LSA points the public to this self-help and referral site. Review the site directly for current materials. | www.alabamalegalhelp.org |
When to hire an attorney
Marshall County's own probate guidance says the complexity of handling estates normally makes an attorney necessary because the probate judge cannot advise on the law or provide forms. That local warning matters here because the county publishes detailed costs but no form to open an estate, and disputed matters or real property sales can change the path quickly. Sunset connects families to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify bank accounts, investments, insurance, retirement accounts, debts, and other assets that may belong in the estate. That helps families approach the Marshall County Probate Office with a clearer estate settlement plan.
Generate the probate packet. Marshall County publishes a fee sheet and a creditor claim form, but it does not publish a petition form for opening an estate. Sunset helps turn the asset picture, family information, and will status into an organized probate packet for review and filing.
Find a local probate attorney. When a Marshall County estate involves real property, a missing will, family disagreement, creditor issues, or a sale, Sunset can connect the family with a vetted Alabama probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets, prepare next steps, and decide when local legal help is needed.
Frequently asked questions
Where do I file to open an estate in Marshall County?
File with the Marshall County Probate Office at 425 Gunter Avenue, Suite 110, Guntersville, AL 35976. The phone number is (256) 571-7764, the email address is [email protected], and the same address is used for mailing.
Can I file an estate at the Albertville, Arab, or Boaz office?
Do not assume that. The probate judge operates licensing offices in Albertville, Arab, and Boaz, and the county lists those branch services as motor vehicle tags, boat tags, title work, driver licenses, business licenses, and hunting or fishing licenses. Estate matters are routed to the probate office in Guntersville. Call (256) 571-7764 before going to a branch.
What does it cost to open an estate in Marshall County?
The county publishes an itemized probate court fee sheet rather than one estate-opening total. The current published sheet reviewed in August 2026 lists probate of a will at $45.00 under Ala. Code § 12-19-90(a)(1) and a grant of letters of administration at $45.00 under Ala. Code § 12-19-90(a)(2), with separate charges for docketing, presiding, the decree, publication, notices, copies, and per page filings. Ask the probate office for the total for your filing.
How can I pay the Marshall County Probate Office?
The current published fee sheet reviewed in August 2026 says the office accepts cash, cards with a 2.5% processing fee, and checks payable to Marshall County Probate Judge. It also says out-of-state personal checks are not accepted. The county's Claim Against Estate instructions state that a creditor claim filing is paid by cash or check.
Does Marshall County have probate forms I can download?
Some, but not a form to open an estate. Marshall County publishes a Claim Against Estate form, a guardianship request form, an adult name change form, and its probate court fee sheet. It does not publish a petition to probate a will or a petition for letters of administration, and Alabama has no statewide probate form set.
Can I look up a Marshall County probate case online?
Marshall County's online record system includes separate entry points for land records and probate case records. An account is required for online access as of August 1, 2026. The county does not state on the public entry page how far back the probate case search reaches or what documents it returns, so ask the probate office.
Can I file a Marshall County estate case online?
The county does not publish an electronic filing option for estate petitions. Estate filings are made through the Marshall County Probate Office in Guntersville. Ask the probate office what it accepts by mail or other delivery before sending papers.
What are the Marshall County Probate Office hours?
The county publishes courthouse office hours of 8:00 a.m. to 4:30 p.m. and says county offices close on state holidays. Call (256) 571-7764 before visiting, especially near a holiday.
Can I attend a Marshall County probate hearing by phone or video?
Ask the probate office when the hearing is set. Marshall County does not publish a probate hearing phone or video appearance rule, and Alabama does not provide one statewide rule for county probate courts.
Do I have to travel to Guntersville to settle a Marshall County estate?
The estate filing office is in Guntersville, and the county does not publish an online estate filing route. The office does publish a mailing address, phone number, and email address, so an out-of-state personal representative should call (256) 571-7764 and ask what can be handled before traveling.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.