Overview
Madison County is located in Alabama with a population of approximately 423,355. The Madison 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 (if there is a will) or Petition for Letters of Administration (if there is no will) 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 procedure known as the Small Estate Affidavit (Alabama Small Estates Act). As of early 2026, this is available for estates consisting of personal property only (no real estate) with a value not exceeding $37,075 (this amount is adjusted annually based on the CPI).
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 if contested.
This guide provides an informational overview of the Madison 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
Madison County Probate Court
Probate matters in Madison County are handled at two locations, with the Madison County Service Center serving as the main probate office.
Main Office (Service Center):
Address: 1918 Memorial Parkway, NW, Huntsville, AL 35801
Phone: (256) 489-8000
Hours: Monday through Friday, 8:30 AM to 4:30 PM (recording stops at 4:30 PM)
Courthouse Location:
Address: 100 North Side Square, Huntsville, AL 35801
Phone: (256) 532-3330 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The main probate office is located at the Madison County Service Center on Memorial Parkway. The historic courthouse on the square in downtown Huntsville also handles certain probate matters and formal hearings.
Parking and Access
At the Service Center, parking is available on-site. At the courthouse, public parking is available in the garage at the intersection of Fountain Circle and Madison Street, as well as metered street parking around the square. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property worth $37,075 or less (2025-2026 limit) and includes no real estate, you may qualify for summary distribution.
- Survivorship: Assets held as "joint tenants with rights of survivorship" pass automatically to the surviving owner.
- 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 Letters of Administration with the Madison County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Petition for Letters (identifying heirs and assets)
- Filing fee (typically paid by cash, check, or money order)
- Waiver of Notice/Bond (if applicable and signed by heirs)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Madison County (such as The Huntsville Times) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is uncontested and all waivers are filed, the hearing may be brief or handled administratively. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed.
- Inventory the estate assets within 2 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries.
- File a Final Settlement to close the estate and discharge the representative.
Local Requirements
Madison County-Specific Procedures
- Recording Fees: Madison County charges specific recording fees ($2.50 per page generally) in addition to base filing fees.
- Bond: A surety bond is generally required for administrators unless the will waives it or all heirs consent to a waiver (and the judge approves).
- Publication: Notice to creditors must be published promptly after Letters are granted. The court clerk can often assist with directing the notice to the approved newspaper.
- Local Forms: While Alabama uses statewide forms, Madison County may have specific cover sheets or preferences for formatting. Check with the clerk's office.
Timeline & Fees
Filing Fees (Madison County)
- Petition for Letters of Administration: approximately $37.00 (base fee) + recording costs
- Exempt Property Petition: approximately $50.00
- Guardianship/Conservatorship: approximately $37.00 - $64.00
- Recording Fee: $2.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change and often require additional amounts for recording per page. Always call (256) 489-8000 (Service Center) or (256) 532-3330 (Courthouse) to verify the exact total before filing.
Payment Methods
The court typically accepts cash, cashier's checks, money orders, and business checks. Credit cards may be accepted for some transactions but often carry a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (due to the mandatory 6-month creditor claim period).
- Average estates: 9-12 months.
- Complex or contested estates: 1 year or more.
The 6-month creditor claim period is a hard statutory minimum; the estate generally cannot be closed until this period expires.
Local Resources
Madison County Court Resources
- Court Website: madisoncountyal.gov
- Probate Forms: eforms.alacourt.gov
- Recording Search: madisoncountyal.gov/recorded-documents
Legal Aid and Attorney Referrals
- Huntsville-Madison County Bar Association: (256) 535-0094 — Local attorney information.
- Legal Services Alabama: (256) 536-9645 — Legal aid for qualifying low-income residents.
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- The Huntsville Times: (256) 532-4000 — Major daily newspaper.
- The Madison Record: (256) 772-6677 — Local community newspaper.