Overview
Madison County is located in Florida with a population of approximately 18,364. The Circuit Court for Madison County (Third Judicial Circuit) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by the Florida Probate Code (Chapters 731-735, Florida Statutes). The process begins with filing a Petition for Administration 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.
Florida offers simplified procedures for smaller estates:
* Summary Administration: Available if the estate's value (less exempt property) is $75,000 or less, or if the decedent has been dead for more than two years.
* Disposition Without Administration: A process to request reimbursement for funeral expenses and medical bills from the decedent's assets without a formal probate proceeding, typically for very small estates.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration.
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 Clerk of the Circuit Court & Comptroller
Probate matters in Madison County are handled at the Madison County Courthouse.
Address: 125 SW Range Avenue, Madison, FL 32340
Mailing Address: P.O. Box 237, Madison, FL 32341
Phone: (850) 973-1500 (Court Services)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of Court serves as the record keeper for the Circuit Court. Probate filings are processed through the Court Services department.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The courthouse is located in downtown Madison. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition Without Administration: For very small estates where assets are needed only to reimburse funeral/medical expenses.
- Summary Administration: If the estate is valued at $75,000 or less (excluding exempt property) or the decedent has been dead >2 years.
- 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 Administration with the Madison County Clerk of Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Oath of Personal Representative
- Designation of Resident Agent
- Filing fee (typically ~$400 for formal administration)
Florida attorneys are required to file documents electronically via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on interested parties (surviving spouse, beneficiaries, etc.).
- Publish Notice to Creditors in a newspaper of general circulation in Madison County (e.g., Madison County Carrier) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
Judges in the Third Judicial Circuit may handle probate matters on an ex parte basis (without a hearing) for uncontested petitions, or schedule hearings as needed. Once approved, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Collect and inventory estate assets
- Pay valid creditor claims and taxes
- Distribute remaining assets to beneficiaries
- File a Final Accounting and Petition for Discharge to close the estate
Local Requirements
Madison County-Specific Procedures
- E-Filing: Attorneys must e-file. Self-represented litigants may file in person or by mail, though e-filing is encouraged.
- Venue: Madison County is the proper venue if the decedent was domiciled in Madison County.
- Local Rules: The Third Judicial Circuit may have specific administrative orders regarding probate checklists or proposed orders.
- Publication: Notice is typically published in the Madison County Carrier or Madison County Journal.
Timeline & Fees
Filing Fees (Madison County)
Fees are subject to change. Check with the Clerk for the most current schedule.
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 - $345.00 (depending on asset value)
- Disposition Without Administration: approximately $231.00
- Caveat: approximately $41.00
- Notice of Trust: approximately $41.00
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks may not be accepted for new case filings—verify with the Clerk.
Estimated Timelines
- Summary Administration: 1-3 months
- Formal Administration (Simple): 6-9 months
- Formal Administration (Complex): 9 months to 2+ years
The creditor claim period in Florida is 3 months from the date of the first publication of the Notice to Creditors, which sets a minimum timeline for closing formal estates.
Local Resources
Madison County Court Resources
- Clerk of Court Website: madisonclerk.com
- Third Judicial Circuit: thirdcircuitfl.org
- Florida Courts E-Filing: myflcourtaccess.com
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011
- Three Rivers Legal Services: (Legal Aid for North Florida)
Publication
- Madison County Carrier: (850) 973-4141 — greenepublishing.com
- Madison County Journal: (850) 973-4141