Huntsville probate court — at a glance
Huntsville's probate court is the Madison County Probate Court, located in the Madison County Courthouse on Northside Square in downtown Huntsville. This court handles all probate matters for residents of Huntsville and all other Madison County communities including Madison, Gurley, Harvest, New Market, and Owens Cross Roads.
Huntsville, AL 35801
8:00 AM – 4:30 PM
What the Huntsville probate court handles
The Madison County Probate Court in Huntsville is responsible for:
- Admitting wills to probate and appointing executors
- Appointing administrators for estates without a will
- Supervising the administration and distribution of estates
- Issuing marriage licenses and recording marriages
- Maintaining public records including deeds and property records
- Processing guardianship and conservatorship petitions
- Recording veterans' discharges
If you need to open a probate case, search public records, or file estate-related documents, this is the office to contact.
What to bring when visiting the Huntsville probate court
Before visiting the court, make sure you have:
- A government-issued photo ID (driver's license or passport)
- The original will (if probating a will — do not bring a copy)
- The death certificate (certified copy — the court will not accept a photocopy)
- Cash or check for filing fees (call ahead to confirm accepted payment methods)
- Contact information for all known heirs and beneficiaries
Required forms for Huntsville / Madison County probate
The specific forms required depend on whether the deceased left a will. Below are the most commonly needed documents. Alabama probate court forms are available at the court or through the Alabama Law Institute.
Petition to probate will and for letters testamentary
Filed when the deceased left a valid will. Names the executor and requests court authority to administer the estate.
Petition for letters of administration (intestate)
Filed when there is no will. Requests appointment of an administrator to manage and distribute the estate.
Inventory and appraisement
A complete list of all estate assets and their estimated values, filed with the court after the executor is appointed.
Notice to creditors (publication)
Published in a local newspaper for three consecutive weeks to notify creditors of the estate. The court can advise on approved newspapers.
Final settlement and petition to close estate
Filed at the end of the process showing all debts paid and assets distributed. Requests the court formally close the estate.
Small estate affidavit (if applicable)
Available when the total probate estate is $25,000 or less. Allows heirs to collect assets without opening formal probate.
Typical probate timeline in Huntsville
Probate timelines vary widely depending on estate complexity, creditor claims, and whether any disputes arise. Here is a general timeline for a straightforward Huntsville estate:
File with the court & get appointed
File the will and petition. The court schedules a hearing and issues Letters Testamentary or Letters of Administration, typically within 2–4 weeks of filing.
Notify creditors & inventory assets
Publish creditor notice for three consecutive weeks. Identify, locate, and value all estate assets. Open an estate bank account to manage funds.
Creditor claim period
Alabama creditors typically have six months from the executor's appointment to file claims. The estate cannot be fully distributed until this period closes.
Pay debts & distribute assets
Settle valid creditor claims, final expenses, and any taxes. Distribute remaining assets to beneficiaries per the will or intestate succession laws.
File final accounting & close estate
Submit a final accounting showing all receipts and disbursements. File a petition to close the estate. The court issues a final order discharging the executor.
Do you need an attorney to file with the Huntsville probate court?
Alabama law does not require an attorney to open a probate case. However, court staff in Huntsville are not permitted to give legal advice — they can only explain court procedures. For any estate with real estate, significant assets, business interests, creditor disputes, or a contested will, working with a local probate attorney will save time, prevent costly mistakes, and reduce personal liability for the executor.
Many Huntsville-area probate attorneys offer free initial consultations. See our North Alabama attorney directory.