Overview
Cherokee County is located in Alabama with a population of approximately 26,138. The Cherokee County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Alabama probate is governed by Title 43 of the Code of Alabama. The process begins with filing a Petition for Letters Testamentary (Form AOC-006) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Alabama offers a simplified Small Estates Act (Summary Distribution) procedure for estates containing only personal property valued at approximately $47,000 or less (effective Oct. 1, 2025, tied to statutory exemptions).
Alabama does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Cherokee County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Cherokee County Probate Court
Probate matters in Cherokee County are handled at the Cherokee County Probate Office.
Address: 260 Cedar Bluff Road, Suite 101, Centre, AL 35960
Phone: (256) 927-3668
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Judge is the Hon. Tim Burgess. The office is located in the Cherokee County Administration Building.
Parking and Access
Free parking is generally available at the Administration Building. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estates Act (Summary Distribution): For estates with no real property and personal property valued at approximately $47,000 or less (amount indexed annually).
- Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Petition for Letters of Administration with the Cherokee County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and next of kin
- Filing fee (contact court for current amount)
- Waiver of Notice/Bond (if applicable)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if they have not waived notice).
- Publish notice to creditors in a newspaper of general circulation in Cherokee County, such as The Cherokee Herald, once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims)
- Inventory and appraise all estate assets within 2 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final settlement and petition for discharge (typically after 6 months)
Local Requirements
Cherokee County-Specific Procedures
- Filing Methods: Check with the Probate Office regarding the availability of e-filing; traditional paper filing is standard.
- Bond: A bond is generally required unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Cherokee County, typically The Cherokee Herald.
Always check with the Probate Office for the most current local rules and form requirements.
Timeline & Fees
Filing Fees (Cherokee County)
- Petition for Letters Testamentary/Administration: approximately $50-$100 (base fee; varies by page count and recording costs)
- Small Estate (Summary Distribution): approximately $35-$50
- Certified copies of Letters: approximately $3-$5 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: typically $3 per page
Note: Fees are subject to change. Contact the Probate Office at (256) 927-3668 for the exact schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The 6-month creditor claim period is a mandatory statutory minimum for formal probate.
Local Resources
Cherokee County Court Resources
- Court Website: cherokeecounty-al.gov
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- The Cherokee Herald: (256) 927-5541 — cherokeeherald.com