Winston County Probate Court Duties
Probate Court supervises the probate of wills and the administration of estates and trusts by personal representatives and trustees. It also hears guardianships, conservatorships for adults and minors, adoptions, and petitions for hospitalization or treatment of a person with mental illness. When a will is uncertain or disputed, the court can interpret its terms. When a person dies without a will, Probate Court determines rights to the estate under Alabama law.
The Winston County Probate Office home page is the local starting point for office services and records.
The office is separate from the Circuit Clerk, which maintains District and Circuit Court case files. Probate also records marriage certificates, land records, judgments, liens, corporations, and related public documents through its Records Department.
Winston County Probate Terms
Estate papers use short terms for the people, property, and authority involved. These definitions help distinguish the role named in a will from an appointment made to protect another person or that person's finances.
- Testator
- The person who made and signed a will.
- Executor
- The person named to carry out the will, subject to the court process and authority granted.
- Intestate
- Dying without a will, which means estate rights are determined under Alabama succession law.
- Guardianship
- A court-supervised arrangement focused on care and personal decisions for a minor or incapacitated person.
- Conservatorship
- A court-supervised arrangement that protects and manages the finances of a minor or incapacitated person.
The official Winston County Probate Court page describes the court's mission, jurisdiction, and office details.
Judge Sheila G. Moore serves as Probate Judge. The court states that its aim is a fair and efficient forum where matters within probate jurisdiction are decided promptly and respectfully.
Search Winston County Probate Records
The Probate Office links to the ING Winston Probate portal. Choose the probate case option for estates and court matters, not the land-record option. The site also offers record account login, account sign-up instructions, search instructions, terms, and a R.E.A.A.C.T. entry point.
- Open the official Winston County ING portal from the Probate Office's site.
- Select “Look up Probate Case Records” for a probate case, or “Look up Land Records” for a recorded property document.
- Use the portal's search instructions and enter the known party, estate, or record details.
- Review the result as an index or online record, then ask the Probate Office whether a certified copy is needed.
- If the case is absent or access is limited, call (205) 489-5219 or visit the office rather than assuming no file exists.
The visible portal choices are summarized below. Search fields inside later account or postback screens were not documented, so they are not invented.
| Portal Choice | Use |
|---|---|
| Look up Probate Case Records | Search the probate case channel. |
| Look up Land Records | Search deeds and other recorded land documents. |
| Record Account Login | Enter an existing record account. |
| View Account Sign Up Instructions | Read the portal's account process. |
| View Search Instructions | Review the vendor's current search directions. |
| View Terms and Conditions | Read accuracy, payment, and refund limits. |
Portal terms say the Probate Judge and Ingenuity do not accept responsibility for errors. Refunds are limited to overpayments and cannot be issued through the site. Direct refund questions to (205) 489-5219 or winstoncountyprobateoffice@yahoo.com.
Winston County Probate Records Office
The county has one Probate Office and Probate Court location. It is at 25125 Highway 195, Double Springs, AL 35553. Public hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call before a visit if the request involves an old volume, a restricted matter, certification, or a filing that may require an attorney.
Winston County Probate Office
Hon. Sheila G. Moore, Probate Judge
25125 Highway 195
Double Springs, AL 35553
(205) 489-5219
Monday-Friday, 8:00 a.m.-4:30 p.m.
The Probate Records Department page explains that staff record, index, and preserve public documents.
Public viewing stations provide another access channel when an online search is incomplete. The department also handles deeds, mortgages, judgments, liens, corporations, and other recorded items, which should be searched through the land-record route rather than a probate case search.
Winston County Wills and Estates
Alabama requires a will-maker to be at least 18, of sound mind, and free from improper influence. A valid will must be written, signed by the maker, and witnessed by two people in the manner required by law. A later will usually revokes the first. A will should be kept safely, and family should know where it can be found.
The Winston County wills and estates page supplies the local estate procedure.
A will generally must be offered for probate in the county where the deceased lived and within five years of the testator's death. A person named as personal representative or recipient, someone with a financial interest, or the person who has the will may bring it before the proper probate court. A person holding the will must deliver it to Probate Court or to someone able to probate it.
Administration starts with a petition and control of estate property. The official sequence calls for an inventory within two months, notice to heirs, letters testamentary, and published notice to claimants once a week for three weeks. Claims are generally filed within six months, and an estate generally is not divided until claims and expenses are paid and at least six months have passed. The court must approve attorney fees.
Winston County Probate Protective Cases
Guardianship and conservatorship are related but distinct. Guardianship addresses care and personal decisions. Conservatorship addresses the protected person's money and property. Either may concern an adult who is incapacitated or a minor, and access to the public file can be limited where medical, financial, or minor information is involved.
The Probate Office provides a dedicated Winston County guardianships page.
That source should be used for the court's current guardianship context rather than assuming that every petition, report, or personal detail is open online.
The separate Winston County conservatorships page addresses financial protection for adults and minors.
The separate pages reflect the different court roles, even when one person may need both types of protection in the same general probate system.
Winston County Probate Record Fees
The captured county fee page gives copy and recording charges, but it does not list a general estate-petition or guardianship filing amount. Those unverified amounts are omitted. Confirm the current total before filing, since a transaction may include more than one page, name, attachment, or tax component.
| Item | Fee or Requirement |
|---|---|
| Fiche, computer, or book copy | $1 |
| Release | $5 first page |
| Affidavit, power of attorney, or judgment | $4 first page |
| Additional pages | $3 each |
| UCC financing statement | Mortgage tax of $0.15 per $100, plus $20 with one name; $1 for each added name; after two attachments, $2 per page |
| UCC continuation | $20 with one name; $1 each added name; old number and date required |
| UCC termination | No fee unless a nonstandard form is used; nonstandard form is $5 |
The official Probate Office fee page is the source to check before requesting a copy or recording a document. Marriage has its own certificate-copy schedule, including a $3 certified marriage copy, so the general fee table's $1 marriage-copy line should not be used for a certified certificate.
UCC amendments and assignments cost $20 with one name, plus $1 for each added name and $2 for each added page. They require the old number and original filing date. A continuation also needs the old number and date, is filed every five years, and may be submitted up to six months before expiration.
Restricted Winston County Probate Records
Public access does not make every probate-family record open. Adoption records are not ordinary public estate files. Mental-health commitment cases contain sensitive health information. Guardianship and conservatorship cases may include minor names, medical evidence, Social Security numbers, account numbers, and other personal details that are sealed, redacted, or withheld.
Alabama Code Section 36-12-40 provides a general right for residents to inspect and copy public records unless another law creates an exception. Section 36-12-41 permits lawful copy and certification fees. Those provisions do not override a statute or court order that protects a confidential probate matter.
A no-result in the ING portal may mean the record is older, indexed differently, restricted, or available only at the office. Call the Probate Office with the case type, names, and approximate date. For ordinary District or Circuit Court litigation rather than a probate matter, use Circuit Clerk J.D. Snoddy at the Winston County Courthouse through the Winston County Circuit Clerk channel. Sheriff Caleb Snoddy's department does not maintain the Probate Court case file.
Note: Ask whether a public index, plain copy, or certified copy is available before sending payment for a sensitive probate case.