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Madison County, GA Probate Information
Quick facts
| Item | Madison County probate information |
|---|---|
| Court | Madison County Probate Court |
| Courthouse address | 91 Albany Avenue, Suite 201, Danielsville, GA 30633 |
| Mailing address | P.O. Box 207, Danielsville, GA 30633 |
| Phone | (706) 795-6365 |
| Fax | No fax number is published by the court. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays |
| Filing fee | The decedent's-estate petition filing fee is the statewide $175.00 base under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons, including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, and separate service and publication charges. Confirm the current total with the court before filing. |
| Local forms | Statewide GPCSF probate forms are used. No Madison County-specific probate cover sheet or packet is published. |
| E-filing | No probate e-filing option is published for Madison County. File on paper by mail or at the counter. The original will is always filed on paper, and self-represented filers are not required to e-file under Uniform Probate Court Rule 5.3.12(B). |
| Case lookup | Madison County estate cases appear on georgiaprobaterecords.com, a portal used by participating Georgia probate courts. The court states that most pre-2017 estate files are not scanned and must be requested directly. |
| Remote appearance | No remote appearance policy is published. Ask the court before assuming a hearing can be handled without coming to Danielsville. |
| Website | https://madisoncountyprobatecourtga.us |
Before you begin — know the assets and liabilities
Before you choose a Georgia probate form, make a practical list of what exists: the original will, bank and investment accounts, vehicles, debts, land, mineral or timber interests, insurance, retirement accounts and any jointly titled or beneficiary-designated property. That inventory determines whether Madison County probate is needed and which estate settlement path fits.
Sunset can help search for accounts and assets across more than 2,300 institutions, then organize what you find for a Madison County filing. That up-front work matters because the court will expect the petition, heirs, assets, liabilities, filing fee and publication needs to line up.
Which court handles jurisdiction
One office serves all Madison County probate filings: the Madison County Probate Court at 91 Albany Avenue, Suite 201, Danielsville, GA 30633. The mailing address is P.O. Box 207, Danielsville, GA 30633.
The court serves Danielsville, Carlton, Colbert, Comer, Hull, Ila and unincorporated Madison County. Georgia has a probate court in every county, and Madison County estate filings go to the Madison County Probate Court, not to a regional probate office.
For administration, the court may act on the estate of someone who lived in Madison County at death, or of a nonresident of Georgia who owned property in Madison County or had a cause of action here (O.C.G.A. § 15-9-31). A petition for an order that no administration is necessary is filed in the decedent's Georgia county of domicile, or where the real property is located if the decedent was not domiciled in Georgia (O.C.G.A. § 53-2-40).
A party seeking review of a Madison County Probate Court decision files a petition for review in the superior court within 30 days under O.C.G.A. § 5-3-7(b). The review is de novo, with the jury right preserved under O.C.G.A. § 5-3-5(d).
The jurisdiction process
Locate the will and decide the starting filing. Whoever has the will must file it with the Madison County Probate Court with reasonable promptness (O.C.G.A. § 53-5-5). If there is a will, choose common form or solemn form probate under O.C.G.A. § 53-5. If there is no will, the usual starting point is a petition for letters of administration, and heirs may select an administrator under O.C.G.A. § 53-6-20.
Prepare the statewide GPCSF form. Madison County uses the statewide GPCSF forms. File on paper at 91 Albany Avenue, Suite 201, Danielsville, GA 30633, or mail the packet to P.O. Box 207, Danielsville, GA 30633. No local cover sheet is published.
Pay the filing fee and separate costs. Fees are due when the petition or objection is filed. The decedent's-estate petition filing fee is the statewide $175.00 base under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons, including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6. Service and publication are separate. Madison County's August 2026 posted schedule lists sheriff's service at $50.00 and several estate publication charges payable to Mainstreet News.
Handle notice, service and publication. The court issues the citation, and you are responsible for service copies, acknowledgments, publication charges and other notice steps. Madison County estate notices publish through The Madison County Journal when publication is required.
Ask about any hearing or appearance requirement. Madison County publishes no probate hearing calendar or remote appearance policy. Call the court at (706) 795-6365 before assuming you can avoid an in-person appearance.
Take the oath and address bond. Before letters issue, the personal representative must take the oath before a probate judge or clerk, not a notary (O.C.G.A. § 53-6-24). If you live outside Georgia, GPCSF 53 can be used to take the oath before a court where you live. Bond may be required unless waived or otherwise handled under Georgia law (O.C.G.A. §§ 53-6-50 and 53-6-51).
Receive letters and begin administration. Once the court grants the petition, letters testamentary or letters of administration give the personal representative authority to collect assets, communicate with institutions, pay valid expenses and carry out the estate settlement.
Publish creditor notice. After qualification, the personal representative must publish notice to debtors and creditors within 60 days, once a week for four weeks, in the county's official newspaper. Creditors have three months from the last publication to give notice in the manner described by O.C.G.A. § 53-7-41. Madison County's August 2026 schedule lists this notice at $60.00.
Inventory, manage and close. Unless waived, the personal representative files and mails the inventory within six months under O.C.G.A. §§ 53-7-30 and 53-7-32, pays allowed claims, distributes property and seeks discharge when administration is complete, often using GPCSF 33.
Forms and documents
Probate forms in Madison County
Madison County uses Georgia's statewide probate forms, the GPCSF series. The Council of Probate Court Judges posts the current form PDFs, and a document prepared on a standard form is acceptable in any Georgia probate court under Uniform Probate Court Rule 5.9.
| Need | Common Georgia form | Madison County note |
|---|---|---|
| No will | GPCSF 3, Petition for Letters of Administration | File on paper with the Madison County Probate Court. |
| Will, executor named | GPCSF 4 or GPCSF 5 for common form or solemn form probate under O.C.G.A. § 53-5 | The original will must be filed on paper with reasonable promptness under O.C.G.A. § 53-5-5. |
| Will, no qualifying executor | GPCSF 7 or GPCSF 8 | Use the statewide form that matches whether the will is being probated now or was already admitted. |
| Agreed no-administration route | GPCSF 9, Petition for Order Declaring No Administration Necessary under O.C.G.A. § 53-2-40 | The court's publication charge for this notice is posted as $120.00 per 100 words or less for August 2026. |
| Surviving spouse or minor child support | GPCSF 10, Petition for Year's Support under O.C.G.A. § 53-3 | The petition must be filed within 24 months under O.C.G.A. § 53-3-5. |
| Out-of-state oath | GPCSF 53, Commission to Administer Oath | The oath cannot be notarized. It must be administered by a probate judge or clerk under O.C.G.A. § 53-6-24 and the GPCSF instructions. |
No Madison County-specific probate cover sheet or estate packet is published. The court's forms page points families to the statewide GPCSF forms and a vault inventory template.
Fees
Madison County's court page says filing fees are set by state statute and are due when a petition or objection is filed. For a decedent's-estate petition, the statewide base is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons, including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6. Service and publication charges are separate.
| Publication or service item | Amount posted for August 2026 | Duration |
|---|---|---|
| Sheriff's service | $50.00 | Not applicable |
| Administration notice | $120.00 per 100 words or less | 4 weeks |
| Discharge notice | $30.00 | 1 week |
| Temporary guardianship of minor notice | $90.00 | 2 weeks |
| Order that no administration is necessary under O.C.G.A. § 53-2-40 | $120.00 per 100 words or less | 4 weeks |
| Notice to debtors and creditors under O.C.G.A. § 53-7-41 | $60.00 | 4 weeks |
| Year's support under O.C.G.A. § 53-3 | $120.00 per 100 words or less | 4 weeks |
Publication payments are made to Mainstreet News by cash, check or money order. The legal organ for Madison County is The Madison County Journal in Danielsville, but you should confirm the current publication charge when the court issues the citation.
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Jointly held or beneficiary-designated property may pass outside the estate. If the home or accounts are in the decedent's sole name, file with the Madison County Probate Court. Year's support under O.C.G.A. § 53-3 can set aside property for a surviving spouse or minor children, including a home, and must be filed within 24 months under O.C.G.A. § 53-3-5. Madison County's August 2026 schedule lists the four-week year's support notice at $120.00 per 100 words or less. | Sunset identifies which assets may pass outside probate, organizes the home and account details, and helps decide whether an attorney should review the year's support filing. |
| Out-of-state adult child with a small estate | Madison County has no published probate e-filing option, so file the paper petition and any original will by mail or at the Danielsville counter. The oath cannot be notarized, so use GPCSF 53 or travel to the court. If the estate is only a bank or credit-union deposit, ask the institution about direct payment under O.C.G.A. § 7-1-239, which may avoid a probate filing for that deposit. | Sunset helps gather account information, prepare the filing checklist, and flag the oath step before you spend time traveling. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires authority. Options may include letters with expanded powers under O.C.G.A. § 53-7-1(b) and GPCSF 32, or a petition for leave to sell on GPCSF 13. If there is no will, the heirs agree and debts are resolved, an order that no administration is necessary under O.C.G.A. § 53-2-40 may vest title in the heirs, with any Madison County land order recorded with the Madison County Clerk of Superior Court. | Sunset maps the heirs, debts and real estate details, then connects the family with a Madison County probate attorney when sale authority or title transfer needs legal review. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Madison County Probate Court | Filing office for Madison County estates. The court posts hours, address, publication charges and form links. | 91 Albany Avenue, Suite 201, Danielsville, GA 30633. Phone: (706) 795-6365. Website: https://madisoncountyprobatecourtga.us |
| Georgia Probate Court Standard Forms, Council of Probate Court Judges | Current PDFs of statewide GPCSF probate forms used in Madison County. | https://gaprobate.gov/standard-forms/ |
| Council of Probate Court Judges of Georgia | Uniform Probate Court Rules and directory information for Georgia's probate courts. | https://gaprobate.gov/ |
| Georgia probate records portal used by participating probate courts | Madison County estate cases appear in the georgiaprobaterecords.com participating-court portal. Most pre-2017 Madison County estate files must be requested directly from the court. | https://www.georgiaprobaterecords.com/Estates/SearchEstates.aspx |
| Georgia Legal Services Program | Free civil legal help for Georgia counties outside metro Atlanta, including Madison County. | Statewide intake: 1-833-457-7529. Website: https://www.glsp.org/need-help/ |
| Georgia Courts self-help resources | General orientation for self-represented court users in Georgia. | https://georgiacourts.gov/a2j/self-help-resources/navigating-the-courts/ |
When to hire an attorney
A Georgia probate attorney is especially useful in Madison County when farmland or a house must be sold, heirs disagree, a caveat is filed, a bond or powers issue is contested, or a petition for review under O.C.G.A. § 5-3-7(b) may be needed. Sunset connects families with a vetted Georgia probate attorney who handles Madison County matters.
How Sunset helps
Find the accounts and assets. Sunset helps families start estate settlement by identifying bank accounts, investment accounts, insurance, real estate clues and other assets that may need to be listed before a Madison County petition is filed.
Generate the probate packet. Sunset turns the facts you provide into an organized Georgia probate packet, including the right GPCSF starting point and a filing checklist for the Madison County Probate Court.
Find a local probate attorney. If the estate includes Madison County land, heir conflict, a caveat, sale authority or a petition for review under O.C.G.A. § 5-3-7(b), Sunset can connect you with a vetted Georgia probate attorney who handles Madison County matters.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost, including asset discovery across more than 2,300 institutions and guidance on what to do next.
Frequently asked questions
Where do I file for probate in Madison County?
File with the Madison County Probate Court at 91 Albany Avenue, Suite 201, Danielsville, GA 30633, or mail filings to P.O. Box 207, Danielsville, GA 30633. Georgia administration venue is the county where the decedent lived at death, or, for a nonresident of Georgia, a county where the decedent owned property or had a cause of action (O.C.G.A. § 15-9-31).
Can I file probate online in Madison County?
No probate e-filing option is published for Madison County. File on paper at the counter or by mail. Georgia has no statewide probate e-filing mandate for self-represented families, and Uniform Probate Court Rule 5.3.12(B) requires courts to accommodate paper filings from self-represented filers.
What does it cost to open an estate in Madison County?
The decedent's-estate petition filing fee is the statewide $175.00 base under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons, including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, and separate service and publication charges. Madison County's posted August 2026 publication schedule includes $120.00 per 100 words or less for a four-week administration notice or year's support notice under O.C.G.A. § 53-3, and $60.00 for a four-week notice to debtors and creditors under O.C.G.A. § 53-7-41.
Does Madison County have its own probate forms?
No Madison County-specific probate cover sheet or packet is published. Use the statewide GPCSF forms from the Council of Probate Court Judges. Common filings include GPCSF 3 for letters of administration, GPCSF 5 for solemn form probate under O.C.G.A. § 53-5, GPCSF 9 for an order that no administration is necessary under O.C.G.A. § 53-2-40, and GPCSF 10 for year's support under O.C.G.A. § 53-3.
How do I look up a Madison County estate case?
Use georgiaprobaterecords.com, a portal used by participating Georgia probate courts. Madison County is included in the estate-case selector. The court states that most pre-2017 estate files are not scanned and must be requested directly from the Probate Court.
What are the Madison County Probate Court hours?
The court is open 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Call (706) 795-6365 before traveling if you need to confirm same-day filing, payment or hearing logistics.
Do I have to travel to Danielsville if I live out of state?
Often you can mail a paper petition, but the oath is the practical issue. A probate oath cannot be notarized. It must be administered by a probate judge or clerk under O.C.G.A. § 53-6-24, and an out-of-state petitioner can use GPCSF 53 to take the oath before a court where they live.
Where does the notice to creditors get published in Madison County?
The notice to debtors and creditors publishes in The Madison County Journal. After qualification, the personal representative must publish within 60 days, once a week for four weeks, and creditor timing runs three months from the last publication under O.C.G.A. § 53-7-41. Madison County's August 2026 court schedule lists this notice at $60.00.
What if I disagree with a Madison County Probate Court decision?
A party seeking review files a petition for review in the superior court within 30 days under O.C.G.A. § 5-3-7(b). The review is de novo, with the jury right preserved under O.C.G.A. § 5-3-5(d).
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.