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DeKalb County, AL Probate Information
Quick facts
| Topic | DeKalb County details |
|---|---|
| Court | DeKalb County Probate Court |
| Filing office and courthouse address | DeKalb County Probate Office, DeKalb County Courthouse, first floor, 300 Grand Avenue SW, Suite 100, Fort Payne, AL 35967 |
| Mailing address | Same as the courthouse address: 300 Grand Avenue SW, Suite 100, Fort Payne, AL 35967 |
| Phone | (256) 845-8510 |
| Fax | (256) 845-8514 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Filing fee | DeKalb County's current published Probate Court Filing Fees schedule, which prints no effective date, lists Probate of Will at $100.00, Administration with no will at $110.00, Summary Distribution at $70.00, and Guardianship or Conservatorship at $300.00. The schedule says probate court filing fees do not accept credit or debit cards. Confirm the current amount before filing. |
| Local forms | DeKalb County does not publish local probate or estate forms. |
| E-filing | The office publishes electronic recording options for land documents through third-party submitters. It publishes no electronic route for filing an estate petition. |
| Case search | The DeKalb County online search covers recorded instruments such as deeds, mortgages, plats, marriage records, incorporations, UCC filings and miscellaneous instruments. It does not include estate case files. Call or visit the Fort Payne office for an estate file. |
| Remote appearance | Local phone or video appearance practices are not published. Ask the probate office when any hearing is set. |
| Second location | Rainsville Annex, 98 McCurdy Ave S, Rainsville, AL 35986, (256) 638-9404. Its published service list does not include Probate Court work, so estate filings should be routed to Fort Payne. |
| Website | https://dekalbprobatejudge.com/ |
Before you begin — know the assets and liabilities
Before you file in Fort Payne, build a clear picture of the decedent's assets, debts, real property, beneficiaries and possible creditors. DeKalb County's online search can help with recorded instruments connected to local land, but it is not an estate docket, and it will not tell you whether an estate file already exists.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize account information, and prepare the details that a petition or attorney will need before the DeKalb County Probate Office can act.
Which court handles jurisdiction
The DeKalb County Probate Court serves DeKalb County from the DeKalb County Courthouse in Fort Payne. The county's own sites identify Fort Payne as the county seat and name DeKalb County communities including Rainsville, Collinsville, Crossville, Fyffe, Geraldine, Henagar and Ider.
File in DeKalb County when the decedent was domiciled in DeKalb County at death. For a decedent who lived outside Alabama, venue can be in an Alabama county where the decedent left assets (Ala. Code § 43-8-162). The Rainsville annex is a service annex, not a second courthouse for estate filings.
The jurisdiction process
- Confirm that DeKalb County is the correct venue because the decedent lived in DeKalb County at death, or because an out-of-state decedent left assets there (Ala. Code § 43-8-162).
- Locate the original will, if there is one. A person holding a will after death has a duty to deliver it to someone able to secure probate (Ala. Code § 43-8-270).
- List the known assets, debts, heirs, devisees, real property and account information before you prepare the petition. This makes estate settlement faster and helps the probate office or attorney identify the correct filing path.
- Prepare the petition. DeKalb County does not publish local estate forms, and the probate office states that the probate judge, chief clerk and staff cannot provide legal advice.
- Call the DeKalb County Probate Office at (256) 845-8510 before filing to confirm what the office wants with the petition, any original will, copies and payment. Estate filings should go to the Fort Payne courthouse office at 300 Grand Avenue SW, Suite 100, not the Rainsville annex.
- File at the Fort Payne probate office and pay the DeKalb County filing fee. The current published schedule, with no effective date printed, lists Probate of Will at $100.00, Administration with no will at $110.00, Summary Distribution at $70.00, and Guardianship or Conservatorship at $300.00. The probate filing fee block says no credit or debit card payments.
- The DeKalb County probate judge acts on the petition. If the court sets notice to heirs or a hearing, ask the probate office how appearance will work when the hearing is scheduled.
- After appointment, the executor or administrator receives letters testamentary or letters of administration, depending on whether there is a will.
- Publish notice to creditors and give actual notice to known or reasonably ascertainable creditors. Alabama's nonclaim rule bars claims not presented within six months, with a 30-day period after actual notice for a creditor entitled to that notice (Ala. Code § 43-2-350).
- Collect assets, manage property, pay valid claims in the order Alabama law requires, handle any sale or deed recording issues with the probate office, distribute what remains, and close the estate. If an interested party seeks removal of an already-opened administration, Alabama law addresses removal to circuit court by petition before final settlement (Ala. Code § 12-11-41).
Forms and documents
Probate forms in DeKalb County
DeKalb County does not publish a local probate packet, estate petition, letters application, estate cover sheet, inventory form or estate checklist on the probate judge's site. Alabama also does not use a single public probate packet for every county.
The DeKalb County Probate Office's FAQ page links to general Alabama Probate Judges Association information sheets, including a sheet titled for estates in Alabama. Treat those as general information links, not DeKalb County filing forms. If you are preparing a petition without counsel, call the Fort Payne office before filing to ask what the office wants included.
Fees
DeKalb County publishes a local Probate Court Filing Fees schedule. The schedule does not print an effective date, so confirm the current amount with the probate office before filing.
| Filing | Published amount | Effective-date note |
|---|---|---|
| Probate of Will | $100.00 | Current published DeKalb County Probate Court Filing Fees schedule, no effective date printed |
| Administration with no will | $110.00 | Current published DeKalb County Probate Court Filing Fees schedule, no effective date printed |
| Summary Distribution | $70.00 | Current published DeKalb County Probate Court Filing Fees schedule, no effective date printed |
| Guardianship or Conservatorship | $300.00 | Current published DeKalb County Probate Court Filing Fees schedule, no effective date printed |
The Probate Court Filing Fees block says no credit or debit card payments. Bring cash or a check, or call (256) 845-8510 before you go. If an estate sale requires recording a deed in DeKalb County, recording charges are separate from estate filing fees and should be confirmed with the probate office before closing.
Local nuance
DeKalb County-specific considerations
| Local point | What it means for a DeKalb County estate |
|---|---|
| Fort Payne is the estate filing location | The probate judge operates a Fort Payne main office and a Rainsville annex. The Fort Payne courthouse service list includes Probate Court work. The Rainsville annex list does not. |
| Suite 100 matters | The probate office is on the first floor of the DeKalb County Courthouse at 300 Grand Avenue SW, Suite 100. Use that suite for estate mail or delivery. |
| No card payments for probate filing fees | The office accepts cards for some services, but the Probate Court Filing Fees block says no credit or debit card payments. Confirm whether to bring cash or a check before filing. |
| The online search is a recorded-instrument search | It covers deeds, mortgages, plats, marriage records, incorporations, UCC filings and miscellaneous instruments. It does not show estate case files. |
| Electronic recording is not estate filing | The office lists electronic recording submitters for land documents. It does not publish an electronic route for estate petitions. |
| No probate office email is published | Use the phone number or the Fort Payne counter for filing questions. |
| Staff cannot advise on legal choices | The office states that the probate judge, chief clerk and staff are prohibited from offering legal advice and recommends consulting a licensed attorney for probate court procedure. |
| Property notification can help with local real estate | The probate office links a property-change notification signup for DeKalb parcels, which may be useful while a house is being administered. |
Recent updates
| Change | What changed |
|---|---|
| Alabama small estate rules changed statewide | Act 2025-431 took effect October 1, 2025 and rewrote Alabama's summary distribution ceiling. The current statewide amount is $47,000 under the new allowance-based rule (Ala. Code § 43-2-696.02). This is a statewide update, not a DeKalb County local rule. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely DeKalb County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how title is held and whether anything needs probate authority. If a will must be probated, the current DeKalb County schedule, with no effective date printed, lists Probate of Will at $100.00, and the Fort Payne office requires a non-card payment for probate filing fees. | Sunset helps identify accounts, organize the home and asset picture, and generate an estate settlement packet to review before filing or speaking with an attorney. |
| Out-of-state adult child with a small estate | Call the Fort Payne probate office before mailing anything, especially if there is an original will. DeKalb's current published schedule, with no effective date printed, lists Summary Distribution at $70.00. The county's online search can show recorded instruments, but not an estate file. | Sunset helps collect account information remotely, identify missing assets, and prepare questions for the probate office so fewer trips are needed. |
| Parent settling predeceased child's estate, home must be sold | File the estate matter at the Fort Payne courthouse office. If an administrator is needed because there is no will, DeKalb's current published schedule, with no effective date printed, lists Administration with no will at $110.00. A later deed recording is a separate office charge from the estate filing fee. | Sunset helps map assets and debts, prepare an organized packet for the attorney or probate office, and connect the family with a local probate attorney when a home sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| DeKalb County Probate Office | Explains local filing logistics, payment rules and office procedure. The office states that the probate judge, chief clerk and staff cannot provide legal advice. | DeKalb County Courthouse, first floor, 300 Grand Avenue SW, Suite 100, Fort Payne, AL 35967. Phone (256) 845-8510. Fax (256) 845-8514. Open Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| DeKalb County online record search | Searches recorded instruments such as deeds, mortgages, plats, marriage records, incorporations, UCC filings and miscellaneous instruments. It does not show estate case files. | https://services.revenue-dekalbco-al.us/ProbateRecords |
| Alabama Probate Judges Association information sheets | The DeKalb County Probate Office's FAQ page links to general information sheets, including one titled for estates in Alabama. | Linked from https://dekalbprobatejudge.com/faqs/ |
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case-type priorities. Its published areas include heirs property and estate planning. | Statewide intake 866-456-4995, or 888-835-3505 in Spanish. Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| AlabamaLegalHelp.org | Legal Services Alabama's referenced self-help and referral site. | https://www.alabamalegalhelp.org/ |
When to hire an attorney
Probate counsel makes sense when a will may be contested, heirs disagree, a house must be sold, creditors are active, a minor or incapacitated person is involved, or you are unsure which petition to prepare. DeKalb County's own probate office says probate court procedures are complex and recommends seeking a licensed attorney because the probate judge, chief clerk and staff cannot offer legal advice. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances and assets that may matter for a DeKalb County estate settlement.
Generate the probate packet. Sunset turns what you enter into an organized packet you can review with the DeKalb County Probate Office or a probate attorney before filing in Fort Payne.
Find a local probate attorney. When a dispute, real property sale, creditor issue or missing document makes the filing more complicated, Sunset can connect you with a local probate attorney.
Sunset is free for families. Sunset gives families a guided way to organize estate settlement work, understand next steps, and decide when professional help is needed.
Frequently asked questions
Where do I file probate in DeKalb County, Alabama?
File DeKalb County estate matters with the DeKalb County Probate Office at the DeKalb County Courthouse, first floor, 300 Grand Avenue SW, Suite 100, Fort Payne, AL 35967. The probate judge also operates a Rainsville annex, but its published service list does not include Probate Court work.
Does the Rainsville annex handle DeKalb County estate filings?
The Rainsville annex lists driver license and ID renewals and replacements, boat registration, hunting and fishing licenses, and business license renewals. It does not list Probate Court work. Route estate filings to the Fort Payne courthouse office, and call first if you are unsure.
Can I e-file an estate petition in DeKalb County?
The probate office publishes electronic recording options for land documents, not an electronic route for filing an estate petition. Call (256) 845-8510 before sending a petition or original will so you know what the office wants and how payment should be made.
How do I look up a DeKalb County estate case?
The county's online search covers recorded instruments, including deeds, mortgages, plats, marriage records, incorporations, UCC filings and miscellaneous instruments. It does not include estate case files. For a DeKalb estate file, call or visit the Fort Payne probate office.
Does DeKalb County publish probate forms?
No local probate or estate forms are published on the DeKalb County probate judge's site. The FAQ page links to general Alabama Probate Judges Association information sheets, but those are not DeKalb County filing forms.
What does it cost to file probate in DeKalb County?
DeKalb County's current published Probate Court Filing Fees schedule, which prints no effective date, lists Probate of Will at $100.00, Administration with no will at $110.00, Summary Distribution at $70.00, and Guardianship or Conservatorship at $300.00. The schedule says no credit or debit card payments for probate court filing fees. Confirm the current amount with the office before filing.
Can I attend a DeKalb County probate hearing by phone or video?
DeKalb County does not publish a local phone or video hearing practice for probate. Ask the probate office about appearance options when any hearing is set.
Do I have to travel to Fort Payne to open an estate?
DeKalb County publishes Fort Payne as the probate court service location. If you live out of state or cannot travel, call (256) 845-8510 before mailing anything, especially an original will, so the office can tell you what it will accept and how to pay.
Can the DeKalb County Probate Office help me choose the right petition?
The office can explain local filing logistics, but it states that the probate judge, chief clerk and staff are prohibited from offering legal advice. If you are unsure which path applies, speak with a licensed Alabama probate attorney.
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.