Madison County Probate Court — quick facts
The Madison County Probate Court handles estate administration for residents of Huntsville, Madison, Gurley, Harvest, and all surrounding communities. It is one of the busiest probate courts in North Alabama due to the county's rapid growth.
| Address | 100 Northside Square, Huntsville, AL 35801 |
| Phone | (256) 532-3330 |
| Hours | Monday–Friday, 8:00 AM – 4:30 PM |
| Judge | Frank Barger, Judge of Probate |
| Website | madisoncountyal.gov |
How to search Madison County probate records
Madison County probate records are public documents. You can access them three ways:
1. Search online
Madison County offers a digital records search through their official website. Most records from the past two decades are available online. Older records may require an in-person visit.
2. Search in person
Visit the probate court at 100 Northside Square in Huntsville during business hours. Bring a government-issued ID. Copies cost approximately $1–$2 per page. Staff can help locate records but cannot give legal advice.
3. Request by mail
Submit a written request including the deceased's full name, approximate date of death, and a self-addressed stamped envelope. Call (256) 532-3330 to confirm current copy fees before sending a check.
The probate process in Madison County — step by step
File the will or petition for administration
File the original will with the Madison County Probate Court within five years of death. If no will exists, file a Petition for Letters of Administration. Filing fee: approximately $75–$150.
Appointment of executor or administrator
The court appoints the executor named in the will and issues Letters Testamentary, or appoints an administrator and issues Letters of Administration. These grant legal authority to manage the estate.
Notify creditors and beneficiaries
Alabama law requires publishing a creditor notice in a local newspaper for three consecutive weeks. Known creditors must be notified directly. Creditors typically have six months to file claims.
Inventory and appraise estate assets
The executor identifies and values all probate assets — real estate, bank accounts, vehicles, investments, and personal property. Formal appraisals may be needed for real estate or unusual assets.
Pay debts, taxes, and expenses
Valid creditor claims, funeral expenses, and administration costs are paid first. Alabama has no state estate tax, but federal estate tax may apply to very large estates.
Distribute assets and close the estate
Remaining assets are distributed to beneficiaries per the will or Alabama intestate succession laws. The executor files a final accounting and petitions the court to close the estate.
Madison County probate filing fees
Fees are set by the State of Alabama and subject to change. Call (256) 532-3330 to confirm current amounts before filing.
| Filing type | Estimated fee |
|---|---|
| Petition to probate a will | $75 – $150 |
| Letters testamentary / administration | $50 – $100 |
| Notice to creditors (newspaper) | $100 – $200 |
| Inventory filing | $25 – $50 |
| Final settlement / close estate | $50 – $150 |
| Document copies | $1 – $2 per page |
| Small estate affidavit | $10 – $25 |
Can you skip probate in Madison County?
Yes, in many situations. Assets that typically pass outside of probate include:
- Assets held in a living trust
- Accounts with a named beneficiary (life insurance, IRAs, 401(k)s, POD accounts)
- Property held in joint tenancy with right of survivorship
If the total probate estate is worth $25,000 or less and 30 days have passed since death, heirs may use Alabama's Small Estate Affidavit to collect assets without formal probate.
Do I need a probate attorney in Madison County?
Alabama does not require an attorney for probate, but one is strongly recommended when the estate includes real estate, business interests, creditor disputes, a contested will, or significant assets. Many Huntsville-area probate attorneys offer a free initial consultation. See our North Alabama attorney directory for local options.
Helpful resources for Alabama probate
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What to bring to the Madison County Probate Court
If you are opening an estate at the Madison County Probate Court, bring the following:
- Original will — the original signed document, not a copy
- Certified death certificate — obtain from the Alabama Department of Public Health or the funeral home; you will need several copies
- Asset list — approximate values of real estate, bank accounts, investments, vehicles, and personal property
- Heir information — names, addresses, and relationship to the deceased for all heirs and beneficiaries
- Your photo ID
- Filing fee payment — check or money order made payable to the Madison County Probate Court; verify current fees at (256) 532-3330
If you are working with a probate attorney, they will prepare all required court forms (Petition for Probate, Oath of Executor, Bond if required) and file them on your behalf. You will typically only need to sign documents and provide the above information to your attorney.