Back to Alabama
Madison County, AL Probate Information
Quick facts
| Item | Madison County details |
|---|---|
| Court | Madison County Probate Court |
| Filing office | Madison County Probate Office, Madison County Service Center |
| Courthouse address | 1918 Memorial Parkway NW, Huntsville, AL 35801. This is the probate office location; the downtown courthouse at 100 North Side Square is a different building. |
| Mailing address | Probate Judge, 1918 Memorial Parkway NW, Huntsville, AL 35801. Mailed documents should include an adequately sized self-addressed stamped envelope for return. |
| Phone | (256) 532-3330. Case management direct line: (256) 519-2051. |
| [email protected] | |
| Fax | No fax number is published by Madison County for the probate office. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday. The office says it stops recording documents and issuing notary commissions at 4:30 p.m. |
| Filing fee | Madison County's current published Probate Court Costs schedule does not print an effective date. It lists $47.00 to probate a will, $37.00 for administration, $74.00 for administration with the will annexed, and $50.00 for summary distribution. Confirm the current total with the probate office before filing. |
| Local forms | Yes, but limited for estates. Madison County publishes one estate form, a verification of claim for creditors. It does not publish a petition packet for opening an estate. |
| Electronic filing | Madison County publishes no electronic filing channel for estate petitions. It publishes counter and mail filing routes for probate office documents. Its e-recording service is for real-estate documents and stops at 4 p.m. daily. |
| Case search and records | Madison County runs its own free online record portal that requires an account. For court and land records, the office asks for appointments at least one business day ahead and will send records electronically or by mail on request. |
| Remote appearance | Ask the probate office at (256) 532-3330 when the matter is set. Madison County does not publish a phone or video appearance policy. |
| Website | https://www.madisoncountyal.gov/departments/probate-judge |
Before you begin — know the assets and liabilities
Before you choose a Madison County probate path, identify what the decedent owned and owed. Madison County charges by the type of proceeding, and the choice between probating a will, seeking administration, or using a smaller-estate route depends on the assets, debts, and whether the original will exists. Sunset's asset discovery searches more than 2,300 financial institutions to find accounts and policies the family may not know about.
Debts also shape the estate settlement calendar. Claims must be presented within six months, known creditors receive individual notice, and Madison County's own guidance says an estate generally is not divided until claims and expenses are paid. Building the asset and debt picture first helps keep a Madison County estate settlement from stalling later.
Which court handles jurisdiction
The Madison County Probate Court serves Madison County from the Madison County Probate Office at the Madison County Service Center, 1918 Memorial Parkway NW, Huntsville. Madison County communities include Huntsville, the city of Madison, New Hope, Owens Cross Roads, Gurley, Triana, and surrounding unincorporated areas.
File in Madison County when the decedent was domiciled in Madison County at death. For a decedent who lived outside Alabama, venue can be in a county where the decedent left assets (Ala. Code § 43-8-162). A Huntsville or Madison mailing address should be checked against the county of domicile because those city names can cross county lines. Madison County also states that wills generally must be filed in the county where the deceased lived, and a will must be filed within five years of death to be effective (Ala. Code § 43-8-161).
The Owens Cross Roads facility at 6921 Highway 431 is for court and historic archives viewing. It is not a filing location for estate petitions.
The jurisdiction process
- Confirm that the estate belongs in Madison County. Alabama venue is the probate court of the county where the decedent was domiciled at death, or for a nonresident decedent, a county where the decedent left assets (Ala. Code § 43-8-162).
- If there is a will, locate the original. A person holding the will has a duty to deliver it to the probate court or to someone able to secure probate (Ala. Code § 43-8-270), and the will must be filed within five years of death (Ala. Code § 43-8-161).
- Build the asset and debt list before drafting the petition. Madison County's path and cost differ depending on whether you are probating a will, asking for administration, using administration with the will annexed, or pursuing summary distribution.
- Prepare the petition. Madison County does not publish a local petition packet for opening an estate, and the probate office says the probate judge and office personnel cannot provide forms or legal advice.
- File at the Madison County Probate Office in the Madison County Service Center, 1918 Memorial Parkway NW, Huntsville, open 8:30 a.m. to 4:30 p.m., Monday through Friday. Madison also accepts mailed documents addressed to Probate Judge at the same address, with an adequately sized self-addressed stamped envelope for return.
- Pay the Madison County cost for the proceeding you are opening. The current published Probate Court Costs schedule, which does not print an effective date, lists $47.00 to probate a will, $37.00 for administration, $74.00 for administration with the will annexed, and $50.00 for summary distribution. Checks should be payable to Judge of Probate - Madison County, Alabama. Confirm the current total with the probate office before filing.
- The probate judge acts on the petition. In Alabama, the probate judge is both the judge and the filing officer, and Madison County states that the probate judge and the chief clerk can perform judicial duties within the probate court's jurisdiction when there is no contest.
- Give notice to heirs and ask how any hearing will be set. Madison County publishes no hearing days or phone or video appearance policy, so ask the probate office when you file whether a hearing is needed and how it will be handled.
- Receive authority to act. Letters testamentary issue when a will is admitted and an executor is appointed; letters of administration issue when an administrator is appointed. Banks, title companies, and other institutions commonly ask for these documents.
- Publish notice to creditors and give individual notice to creditors you know of or can reasonably identify. Claims are barred if not presented within six months (Ala. Code § 43-2-350), and a creditor entitled to actual notice gets 30 days from that notice. Creditors filing in Madison County use the county's verification of claim form, which states an $11.50 per-claim fee and does not print an effective date.
- File the inventory and address bond if the court requires it. Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $25.00 for inventory and $24.00 for additional bond. Madison's own steps call for an early inventory, but you should confirm the current deadline and any bond requirements with the probate office.
- Administer the estate. Pay valid claims in the required order, sell property if the estate needs it, and distribute only after claims and expenses are handled. Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $37.00 for a sale of real or personal property on an estate. Recording fees for a deed are on the separate Madison County schedule effective April 1, 2013: $25.75 for the first page and $2.50 for each additional page.
- Close with a settlement. Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $27.00 for a final estate settlement by consent, $39.00 for a final or partial estate settlement without consent, and $39.00 for an annual settlement if the administration runs longer.
- If the matter becomes contested or needs equitable relief, treat that as a separate branch. An interested party may petition to remove an already-opened administration to the circuit court before final settlement (Ala. Code § 12-11-41). The estate opens in the Madison County Probate Court either way, and Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $52.50 as a transfer fee to circuit court.
Forms and documents
Probate forms in Madison County
Madison County publishes downloadable forms for recording, marriage, adoption, name changes, and a few other probate office services. For decedent's estates, it publishes one estate form: a verification of claim used by creditors who are presenting a claim against an estate.
| Form | Who uses it | Local cost |
|---|---|---|
| Verification of claim | A creditor claiming that a stated sum is due from a Madison County estate. The form is sworn and notarized. | The form states an $11.50 filing fee for each claim and does not print an effective date. |
Madison County does not publish a local petition form or opening packet for an estate. The probate office says the complexity of handling estates normally makes legal counsel appropriate because the probate judge cannot advise you on the law or provide forms.
For real-estate documents recorded as part of an estate sale, Madison County has separate recording requirements, including the RT-1 real estate sales validation form for deeds unless the information is incorporated into the deed. That is a recording requirement, not a petition form for opening the estate.
Fees
Madison County publishes its own Probate Court Costs schedule for probate matters. The schedule currently posted by the county does not print an effective date, so confirm the total with the Madison County Probate Office before filing.
| Madison County probate cost | Amount | Date context |
|---|---|---|
| Probate a will | $47.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Administration | $37.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Administration with will annexed | $74.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Letters of administration with will annexed | $74.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Summary distribution | $50.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Inventory | $25.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Annual settlement | $39.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Final estate settlement by consent | $27.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Final or partial estate settlement without consent | $39.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Sale of real or personal property on estate | $37.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Contest of will | $25.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Additional bond | $24.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Exempt property | $50.00 | Current published Probate Court Costs schedule; no effective date printed. |
| Transfer fee to circuit court | $52.50 | Current published Probate Court Costs schedule; no effective date printed. |
| Certified mail | $11.88 | Current published Probate Court Costs schedule; no effective date printed. |
| Verification of claim | $11.50 per claim | Madison County verification of claim form; no effective date printed. |
When estate real estate is sold, the recording side of the probate office also matters. Madison County's recording fees are effective April 1, 2013: $25.75 for the first page, $2.50 for each additional page, certified copies at $1.00 per page plus $2.00 for certification, and deed tax of $0.50 per $500 of value.
Local nuance
Madison County-specific considerations
| Local point | What it means for a Madison County estate settlement |
|---|---|
| Service Center location | The probate office is at the Madison County Service Center, 1918 Memorial Parkway NW, Huntsville, not at the downtown courthouse. Visitors pass through screening and sign in at kiosks in the lobby. |
| Owens Cross Roads archives facility | The facility at 6921 Highway 431, Owens Cross Roads is for court and historic archives viewing. It is not a place to open an estate. |
| Records appointment route | Madison County asks for at least one business day's notice to view court or land records in person. You can request records electronically or by mail through [email protected] or (256) 532-3330. |
| Free account-based portal | Madison County runs its own online record portal with no fee to create an account and no fee to access documents available in the portal. Ask the probate office whether the specific estate file you need is included. |
| Case management line | The probate office publishes a case management chief clerk direct line at (256) 519-2051, which is useful for estate routing questions that office personnel can answer without giving legal advice. |
| Property change notification | The probate office and tax assessor offer a free property change notification system that emails a property owner when a deed is filed changing the listed owner's name. For an estate with a Madison County house, it can help the family monitor deed activity. |
Recent updates
| Update | What changed |
|---|---|
| Alabama small estate rules | Act 2025-431, effective October 1, 2025, rewrote Alabama's small estate rules and tied the ceiling to the combined statutory allowances (Ala. Code § 43-2-696.02). Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $50.00 for summary distribution. Ask the probate office or see Alabama statewide guidance for the current ceiling. |
| Probate office location | The Madison County Probate Office operates from the Madison County Service Center at 1918 Memorial Parkway NW, Huntsville, which opened March 1, 2021, rather than from the downtown courthouse. |
| Property change notification | Madison County offers a free property change notification system that emails a property owner when a deed is filed changing the listed owner's name. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the Madison County Probate Office in the Service Center on Memorial Parkway, not the downtown courthouse. If there is a will, the original goes with the petition and Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $47.00 to probate a will. Without a will, the same schedule lists $37.00 for administration. How the home passes depends on how the deed is written, and the same probate office handles deed recording. | Sunset helps locate accounts, policies, and property information before the petition is drafted, so the estate settlement path matches what the family actually owns. |
| Out-of-state adult child with small estate | You can start by mail to Probate Judge, 1918 Memorial Parkway NW, Huntsville, AL 35801, with an adequately sized self-addressed stamped envelope. Madison County will also send records electronically or by mail on request. Ask the probate office at (256) 532-3330 whether any hearing can be handled by phone or video. | Sunset helps build the asset picture remotely so the estate's size and filing route are understood before documents are mailed to Huntsville. |
| Parent settling predeceased child's estate, home must be sold | Open the administration in the Madison County Probate Court. Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $37.00 for administration and $37.00 for a sale of real or personal property on an estate. If a deed is recorded after sale, the recording schedule effective April 1, 2013 lists $25.75 for the first page, $2.50 for each additional page, and deed tax of $0.50 per $500 of value. Madison's real-estate e-recording service is for the deed side and stops at 4 p.m. daily. | Sunset helps surface debts and accounts tied to the property early, so the sale is not delayed by an unknown claim or missing account. |
Self-help resources
| Resource | How it can help | How to reach it |
|---|---|---|
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case-type priorities. It lists heirs property and estate planning, but it does not advertise estate administration representation. | Statewide intake: 866-456-4995. Huntsville office: 2409 Commerce Court SW, Huntsville, AL 35801, (256) 536-9645. |
| Madison County Volunteer Lawyers Program | A local pro bono program supported by the Huntsville Bar Association for low-income Madison County residents. Its public materials focus on civil matters such as housing, garnishments, family issues, and consumer matters, so ask whether your situation fits. | Apply through vlpmadisoncounty.org. |
| Alabama State Bar Lawyer Referral Service | A referral route for finding Alabama counsel when you need probate advice or representation. | https://www.alabar.org/lrs-form/ |
| AlabamaLegalHelp.org | Legal Services Alabama identifies this as its companion self-help and referral site. | https://www.alabamalegalhelp.org/ |
| Madison County Probate Office | Use the office for procedural routing, hours, filing delivery questions, records appointments, and hearing logistics. The office states that the probate judge, chief clerk, and staff are prohibited from giving legal advice. | (256) 532-3330 and [email protected]. |
When to hire an attorney
Legal counsel is especially useful in Madison County when the estate includes real property that must be sold, heirs disagree, someone threatens a will contest, debts may exceed available assets, or the matter may need removal to circuit court after it opens in probate court. Madison County itself says the laws and procedures of probate court are complex and that the probate judge cannot advise you on the law or provide forms, and Madison does not publish an opening petition packet. Sunset connects you to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families identify bank accounts, investment accounts, insurance policies, and other assets that may affect the Madison County filing path.
Generate the probate packet. Madison County does not publish a petition packet for opening an estate. Sunset helps organize the information needed for the estate settlement packet so the filing is built around the will, heirs, assets, debts, and local court costs.
Find a local probate attorney. When the estate involves a Madison County house, creditor issues, a will contest, or a removal question, 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, and get connected to professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Madison County, Alabama?
File with the Madison County Probate Office in the Madison County Service Center, 1918 Memorial Parkway NW, Huntsville, AL 35801. The office is open 8:30 a.m. to 4:30 p.m., Monday through Friday. This is not the downtown courthouse. Madison also accepts documents by mail with a self-addressed stamped envelope.
How much does it cost to file probate in Madison County?
Madison County's current published Probate Court Costs schedule, which does not print an effective date, lists $47.00 to probate a will, $37.00 for administration, $74.00 for administration with the will annexed, $50.00 for summary distribution, $25.00 for an inventory, and $27.00 for a final settlement by consent. Confirm the current total with the probate office.
Can I e-file a probate petition in Madison County?
Madison County does not publish an electronic filing channel for estate matters. It takes filings at the counter and by mail. Its e-recording service is for real-estate documents such as deeds, has approved vendors, and stops at 4 p.m. daily. Ask the probate office at (256) 532-3330 how it wants your petition delivered.
Does Madison County have probate forms I can download?
Only one for estates: a verification of claim used by creditors. The form states an $11.50 per-claim fee and does not print an effective date. Madison's forms page otherwise covers recording, marriage, adoption, and name changes. Madison does not publish a local petition packet for opening an estate, and the probate office says it cannot provide forms or legal advice.
How do I look up a probate case in Madison County?
Madison County runs its own free online record portal through the probate office, and the portal requires an account. For court records, the office asks for at least one business day's notice to view them in person and will send records electronically or by mail on request to [email protected] or (256) 532-3330. Older files are viewable at the county's archives facility in Owens Cross Roads.
Can I attend a Madison County probate hearing by phone or video?
That is set by the Madison County Probate Court. Madison County does not publish an appearance policy, and Alabama has no statewide rule reaching county probate courts. Ask the probate office at (256) 532-3330 when your matter is set.
Do I have to travel to Huntsville to settle an estate in Madison County?
Not necessarily to start. Madison accepts documents by mail at Probate Judge, 1918 Memorial Parkway NW, Huntsville, AL 35801, and will send records electronically or by post on request. Whether you need to appear depends on the matter, so ask the probate office when you file.
How long do creditors have to make a claim against an estate in Madison County?
Six months. Claims not presented in that window are barred (Ala. Code § 43-2-350), and a creditor entitled to actual notice gets 30 days from that notice. The personal representative must give individual notice to creditors who are known or reasonably ascertainable. Creditors filing in Madison County use the county's verification of claim form, which states an $11.50 per-claim fee and does not print an effective date.
Who is in charge of probate in Madison County?
An elected probate judge is in charge. In Alabama, the probate judge is both the judge and the filing officer for the probate court. Madison County also publishes two chief clerk roles, including a case management direct line at (256) 519-2051. The office states that the probate judge, chief clerk, and staff are prohibited from giving legal advice.
What if someone contests the will in Madison County?
A contest before the will is admitted may be brought in the probate court. If an already-opened administration becomes contested or needs equitable relief, an interested party may petition for removal to circuit court (Ala. Code § 12-11-41). The estate opens in the Madison County Probate Court either way. Madison County's current published Probate Court Costs schedule, with no effective date printed, lists $25.00 for a will contest and $52.50 as a transfer fee to circuit court.
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.