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Madison County, FL Probate Information

Quick facts

CategoryCurrent rules
CourtCircuit Court, Third Judicial Circuit, Madison County; probate is a division of the Circuit Court, not a separate court
Filing officeClerk of the Circuit Court and Comptroller (Billy Washington)
Courthouse125 SW Range Avenue, Madison, FL 32340
Mailing addressMadison County Clerk of the Circuit Court, P.O. Box 237, Madison, FL 32341-0237
Phone(850) 973-1500
Fax(850) 973-2059
Email[email protected] is the Clerk's published address, and the Contact page offers an online form; there is no dedicated probate line, so call (850) 973-1500 for court-case questions
Office hoursMonday to Friday, 8:00 AM to 4:30 PM Eastern; closed legal holidays
Filing feeSet by statute under F.S. 28.2401: the Clerk's service charge is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, and the Madison Clerk publishes no separate probate fee schedule, so confirm the current total with the Clerk before filing.
Local probate formsNone. The Clerk publishes no local probate forms, and Florida publishes no statewide self-help probate form set; probate filings are petitions prepared under the Florida Probate Rules, in most cases by an attorney
E-filingThrough the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); mandatory for attorneys, optional for self-represented filers, who may also file on paper at the Clerk's counter
Online case searchStatewide CiviTek Online Court Records Search for Madison County (county 40), with a public anonymous access option
Remote appearanceThe Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams; ask Third Circuit court administration at (386) 758-2163 whether a remote appearance is available for your matter
Websitehttps://www.madisonclerk.com

Before you begin — know the assets and liabilities

Before you file anything in Madison County, know exactly what is in the estate. Which Florida path fits depends on whether there is a will and on the value and type of the assets: formal administration under F.S. Chapter 733, summary administration under F.S. 735.201 for a smaller estate, or disposition of personal property without administration under F.S. 735.301 for a limited class of estates with no real property. The dollar thresholds that separate these paths are statewide and are explained on the Florida state page; identify the estate first so you and your attorney file the right petition once.

Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the Clerk. Whether the decedent's Madison or rural Madison County home was homestead property matters, because Florida homestead often passes outside the probate estate and is not counted toward the summary-administration limit. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.

Which court handles jurisdiction

The Circuit Court of the Third Judicial Circuit serves Madison County along with Columbia, Dixie, Hamilton, Lafayette, Suwannee, and Taylor counties. Within Madison, the court covers the whole county, including the city of Madison (the county seat), Greenville, Lee, and the surrounding rural communities such as Pinetta, Cherry Lake, and Ellaville. Madison probate matters are filed with the Clerk of the Circuit Court at the courthouse at 125 SW Range Avenue in Madison, and are heard there on the Circuit Court's general docket. The Third Judicial Circuit publishes judicial assignments for Madison County listing two judges, but no single judge is publicly designated to hear probate, so ask the Clerk or Third Circuit court administration which judge is assigned to your matter.

Venue for a decedent's estate is governed by F.S. 733.101. Administration is proper first in the county where the decedent was domiciled at death, then, if the decedent had no Florida domicile, in a county where the decedent's property is located, and, if the decedent had neither domicile nor property in Florida, in the county where any debtor of the decedent resides. In practice, file in Madison County for a decedent who lived here. There is no separate probate department; probate is heard on the Circuit Court's general docket.

The jurisdiction process

  1. Gather the documents. Collect the original signed will (if any), a certified copy of the death certificate, the proposed personal representative's contact information and photo ID, the names and addresses of the beneficiaries and other interested persons, and a list of the assets and debts with values.
  2. Choose the path based on the estate. Depending on whether there is a will and on the value and type of assets, the route may be formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), or disposition of personal property without administration (F.S. 735.301). The governing thresholds are statewide and are on the Florida state page.
  3. Confirm whether an attorney is required. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most administrations involve more than one interested person, most Madison estates are filed through counsel.
  4. Prepare the petition. For a formal or summary administration, prepare the petition and supporting documents under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Florida publishes no statewide self-help probate form set and Madison has no local packet, so in most cases an attorney prepares and files the papers.
  5. File with the Clerk of the Circuit Court. Attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter at 125 SW Range Avenue, Madison, or by mail to P.O. Box 237, Madison, FL 32341-0237.
  6. Pay the filing fee. The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition; counties add mandatory statutory charges on top of the base, and the Madison Clerk publishes no separate probate fee schedule, so confirm the current total with the Clerk (verified July 2026).
  7. Give notice and publish. The personal representative serves notice on interested persons and publishes a notice to creditors, which opens the creditor-claim period. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and in all events within 2 years of death (F.S. 733.710).
  8. Attend the hearing if one is set. The petition is presented to the assigned judge at the Madison County courthouse. Ask Third Circuit court administration at (386) 758-2163 whether the matter can be handled by Zoom or Microsoft Teams.
  9. Receive the authority document. On appointment the court issues Letters of Administration, the proof of the personal representative's authority to act, in every case, whether or not there is a will. Request enough certified copies for the banks and institutions involved.
  10. Administer and close. Inventory the assets, pay valid claims in statutory priority, account to the interested persons, distribute the remaining assets, and close the estate.

Forms and documents

Probate forms in Madison County

Madison County publishes no local probate forms of its own, and Florida publishes no statewide self-help probate form set: probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. The Clerk's Court Services page lists a Probate and Guardianship department among its court services, but it publishes no fillable probate forms, no probate packet, and no separate probate fee schedule. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most estates do not self-file a probate packet: the attorney prepares the petition and files it through the statewide portal. For questions about local intake, filing in person versus by mail, or what the Madison counter needs, call the Clerk of the Circuit Court at (850) 973-1500.

ResourceWhat it provides
Florida Courts Help, probate (flcourts.gov)The judiciary's probate self-help page; it explains that no statewide probate forms are provided and points to the Florida Probate Code and local resources
Florida Courts E-Filing Portal (myflcourtaccess.com)The statewide portal for filing probate documents; mandatory for attorneys, optional for self-represented filers
Madison County Clerk of the Circuit Court, Court ServicesLocal intake questions, filing in person or by mail, hours, and the Probate and Guardianship department contact

Local nuance

Madison County-specific considerations

Two judges are assigned, with no designated probate judge. The Third Judicial Circuit publishes judicial assignments for Madison County listing two judges: County Judge E. Bailey Browning, III, whose chambers are at the Madison County courthouse, and Chief Judge Melissa G. Olin, the circuit's chief judge, whose office is in Lake City. No single judge is publicly designated to hear probate, so ask the Clerk at (850) 973-1500 or Third Circuit court administration at (386) 758-2163 which judge is assigned to your matter and how a hearing is scheduled.

File to a post office box or at the counter, and mind the 4:30 close. The Clerk's physical courthouse is 125 SW Range Avenue, Madison, but mail is directed to P.O. Box 237, Madison, FL 32341-0237. The office is open Monday to Friday, 8:00 AM to 4:30 PM Eastern, an earlier close than many Florida clerks, so plan an in-person filing accordingly. Attorneys e-file through the statewide portal; a self-represented filer may e-file, mail the papers to the post office box, or file in person at the counter.

Case search runs through the statewide CiviTek system. Madison County does not run its own separate docket portal for court cases. Court records are searched through the statewide CiviTek Online Court Records Search for Madison County (county 40), which offers a public anonymous access option. To confirm a filing, you can also call the Clerk of the Circuit Court at (850) 973-1500.

Recent updates

Page last reviewed: July 2026.

Scenarios

SituationLikely path in Madison CountyWhere Sunset helps
Surviving spouse, co-owned homeIf the Madison or rural Madison County home was the decedent's homestead, Florida homestead protections usually let it pass to the surviving spouse outside the probate estate, often confirmed by a petition to determine homestead status filed with the Clerk of the Circuit Court. If other assets must be administered, the spouse (through counsel, unless she is the sole interested person under Fla. Prob. R. 5.030) files a summary or formal administration and is issued Letters of Administration.Asset discovery to confirm how title is held and what else is in the estate. Packet generation for the qualifying paperwork. A vetted attorney referral where Fla. Prob. R. 5.030 requires counsel.
Out-of-state adult child, small estateA smaller estate that meets the statewide threshold can proceed by summary administration under F.S. 735.201, which appoints no personal representative and ends in an order distributing the assets; a very limited estate with no real property may qualify for disposition of personal property without administration (F.S. 735.301). Both are filed with the Madison Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Madison.Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared in advance so an out-of-state filer can proceed largely remotely.
Parent settling a predeceased child's estate, home must be soldBecause the estate holds real property that must be sold, it generally proceeds through formal administration under F.S. Chapter 733: the parent, represented by counsel under Fla. Prob. R. 5.030, petitions the Clerk of the Circuit Court, is appointed personal representative, receives Letters of Administration, and can then sell the home and distribute the proceeds. The matter is heard at the Madison County courthouse by the judge assigned to it.Asset discovery for the child's accounts and property. Packet generation for the formal administration filing. Attorney referral, and help if the sale or an heir dispute turns contested.

Self-help resources

ResourceWhat it offers
Madison County Clerk of the Circuit Court, (850) 973-1500 (madisonclerk.com)The filing office for probate; local intake questions, filing by mail or in person, hours, case search, and the Probate and Guardianship department
Third Judicial Circuit of Florida, court administration (386) 758-2163 (thirdcircuitfl.org)Court administration for Madison County, judicial assignments, and guidance on Zoom and Microsoft Teams remote hearings
Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate)The judiciary's probate self-help page, with plain-language information on the probate process
Florida Courts E-Filing Portal (myflcourtaccess.com)Registration and self-help for e-filing probate documents, the option available to self-represented filers
Three Rivers Legal Services, Lake City office, (386) 752-5960 (trls.org)Free civil legal help for income-eligible residents, serving the Third Judicial Circuit including Madison County
The Florida Bar Lawyer Referral Service, (800) 342-8011 (floridabar.org)Statewide referrals to Florida-licensed probate attorneys, plus the consumer pamphlet Probate in Florida

When to hire an attorney

Florida makes counsel the norm in probate. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person, or is the only beneficiary with no other interested persons, or is a Florida-licensed attorney. Because most Madison estates have more than one interested person, most formal and summary administrations here are handled through counsel, who also e-files through the statewide portal. Consider an attorney early when the estate holds real property that must be sold, when a will contest or heir dispute is likely, when the estate is insolvent or creditors are pressing, or when the estate includes a business interest or out-of-state property. Sunset can connect families to a vetted Florida probate attorney serving Madison County and the Third Judicial Circuit.

How Sunset helps

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Madison County real estate, and unclaimed property, so you know the estate's value and which Florida estate settlement path fits before you file.

Generate the probate packet. Sunset assembles the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Madison through the statewide e-filing portal or on paper.

Find a local probate attorney. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, Sunset connects families to a vetted Florida probate attorney serving Madison County and the Third Judicial Circuit.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).

Frequently asked questions

Where do I file for probate in Madison County?

With the Clerk of the Circuit Court at the Madison County courthouse, 125 SW Range Avenue, Madison, FL 32340, or by mail to P.O. Box 237, Madison, FL 32341-0237. Madison is in the Third Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.

Do I have to e-file probate in Madison County?

Attorneys must e-file through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. A self-represented filer may register and e-file through the same portal or file on paper at the Clerk's counter in Madison or by mail to the Clerk's post office box.

Do I need an attorney for probate in Madison County?

Usually yes. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person (or the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most estates have more than one interested person, most Madison administrations are handled through counsel.

Who hears probate cases in Madison County?

Probate petitions are heard at the Madison County courthouse in Madison. The Third Judicial Circuit publishes judicial assignments for Madison County listing two judges, County Judge E. Bailey Browning, III, and Chief Judge Melissa G. Olin, the circuit's chief judge, but no single judge is publicly designated to hear probate. Ask the Clerk at (850) 973-1500 or Third Circuit court administration at (386) 758-2163 which judge is assigned to your matter.

Can I appear remotely for a Madison County probate hearing?

Sometimes. The Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams. Whether a remote appearance is available depends on the matter and the assigned judge, so ask Third Circuit court administration at (386) 758-2163 when a hearing is set.

Can I look up a Madison County probate case online?

Yes. Court records are searched through the statewide CiviTek Online Court Records Search for Madison County (county 40), which offers a public anonymous access option. To confirm a filing you can also call the Clerk of the Circuit Court at (850) 973-1500.

What forms do I need for probate in Madison County?

Madison County publishes no local probate forms, and Florida publishes no statewide self-help probate form set. Probate filings are petitions prepared under the Florida Probate Rules, and in most cases an attorney prepares the petition. The Clerk lists a Probate and Guardianship department among its court services but publishes no fillable probate forms or packet.

What does it cost to file probate in Madison County?

The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, and the Madison Clerk publishes no separate probate fee schedule, so confirm the current total with the Clerk at (850) 973-1500 before filing.

Do I have to travel to Madison to settle an estate there?

Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be mailed to the Clerk at P.O. Box 237, Madison, FL 32341-0237. Where a hearing is required, ask Third Circuit court administration at (386) 758-2163 whether it can be held by Zoom or Microsoft Teams.

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.

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