Cherokee County
Probate Court
In Alabama, estates are probated in the Probate Court (County Judge of Probate). This page gathers where to file in Cherokee County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Cherokee County
- Handled by
- Probate Court (County Judge of Probate)In Alabama, probate matters are handled by the county Probate Court, presided over by an elected Judge of Probate. The Probate Court has primary jurisdiction over wills, administration of intestate estates, guardianships, and conservatorships.
- County building
- Cherokee County Courthouse In Centre, AL — street address not tagged in OpenStreetMap. OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- cherokeecounty-al.govWikidata
- State courts & e-filing
- judicial.alabama.govCase search: Alabama Judicial System AlaFile / JustiData
How probate runs in Cherokee County
Six stages, with the Alabama rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Alabama deadline: Will must be offered for probate within 5 years of death (Ala. Code § 43-8-161).
- 02
Pick the right track
If the probate estate is under $47,000, a small-estate procedure (Ala. Code § 43-2-690 et seq. (esp. § 43-2-692), as amended by 2025 HB164) may avoid full administration.
- 03
Petition the court
File the petition with the Probate Court (County Judge of Probate) for Cherokee County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: Later of 6 months after grant of letters or 5 months after first publication of notice; creditors entitled to actual notice get an extra 30 days after notice.
- 06
Account and distribute
Pay debts, taxes and fees (Ala. Code § 43-2-848 & § 43-2-680), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Alabama courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Alabama rules that apply here
Probate law is state law — these apply in all 67 Alabama counties.
- Small estates
- Approx. $47,000 (personal property only): sum of homestead, exempt-property and family allowances under Ala. Code §§ 43-8-110 to -113, CPI-adjusted per § 43-8-116; set by the Revised Alabama Small Estates Act (2025 HB164, eff. Oct 1, 2025). Court-supervised summary distribution, not a pure affidavit.Ala. Code § 43-2-690 et seq. (esp. § 43-2-692), as amended by 2025 HB164 · wait 30 days
- Filing the will
- Will must be offered for probate within 5 years of death (Ala. Code § 43-8-161)
- Creditor claims
- Later of 6 months after grant of letters or 5 months after first publication of notice; creditors entitled to actual notice get an extra 30 days after noticeAla. Code § 43-2-350
- Executor fees
- Discretionary up to 2.5% of receipts and 2.5% of disbursements (maximum 5% total commission)Ala. Code § 43-2-848 & § 43-2-680 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Alabama does NOT recognize unwitnessed handwritten (holographic) wills unless executed in another state that permits them under choice of law.
- Estate tax
- No state estate tax.Alabama imposes no state estate tax (repealed following federal pick-up tax elimination).
- Inheritance tax
- No.No state inheritance tax in Alabama.
- Typical duration
- 6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: provident.law · alison.legislature.state.al.us (statute) · legiscan.com (statute) · law.justia.com (statute)