What to Do When Someone Dies in Madison County, Alabama
Probate in Madison County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Madison County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Madison County
Address
Phone
Hours
Historic archives located at 6921 Highway 431, Owens Cross Roads, AL 35763. Call or email to make an appointment or request records electronically or by mail.
Verified July 3, 2026 · Source
How Probate Works in Madison County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Madison County, probate runs through the Probate Court at 1918 North Memorial Parkway, Huntsville.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Alabama intestacy law when there is no will.
Most Alabama estates take 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to move through this process. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Madison County
What probate costs in Madison County, Alabama comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 1918 North Memorial Parkway, Huntsville.
Local procedures at this court: Self-represented litigants may file in paper. These are county-specific and not posted on the statewide court site.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Jul 14, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://alafile.alacourt.gov/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source to 5%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Ala. Code § 43-2-851Verified Jul 14, 2026View source of estate value annually.
Probate in Alabama typically runs 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source, and costs accrue throughout. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate documents in Madison County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
For a full cost comparison and filing checklist, see the Madison County Self-Filing Assessment.
Madison County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants may file in paper
Self-represented (pro se) litigants are not required to use AlaFile electronic filing. Paper filing is available at the probate court for all filings.
SourceWhat to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Madison County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Judge of Probate.
Recording Office Record
Judge of Probate
Madison County · Frank Barger
Address
Phone
Hours
E-recording
Recording fees
| Base fee (first page) | $0 |
| Each additional page | $3 |
STATE STATUTORY FLOOR, not a county quote. Ala. Code 12-19-90 sets no flat recording fee — recording is $3.00 per page (b)(22), plus $1.00 for each grantor/grantee name indexed in excess of two (b)(24). Ala. Code 12-19-90(d) preserves local fee laws, and in practice every Alabama county charges a packaged first-page fee (verified range $6.00-$16.00) plus $3.00 per additional page. Counties whose published schedule we could reach carry a recordingFees override; for the rest, confirm the local first-page fee with the county Judge of Probate.
Ala. Code 12-19-90(b)(22), (b)(24); Ala. Code 40-22-1(c); Ala. Code 40-22-2
Transfer tax
$0.50 per $500 of value of the property conveyed, or fraction thereof (Ala. Code 40-22-1(c)). Transfer-on-death deeds are generally exempt (Non-operative: Alabama has no transfer-on-death deed. Ala. Code Title 35, Ch. 4 contains no TOD deed article, and the only Transfer on Death act in the Code (Ala. Code 8-6-140 to 8-6-151) covers securities registration, not real property. No TOD deed can be presented for recording in Alabama.). Alabama recordation tax is collected by the Judge of Probate at the time of recording (Ala. Code 40-22-1(d)-(e)). The tax is measured on the VALUE of the property conveyed, not on the consideration paid — 40-22-1(c) requires proof of actual value where the property has not been sold, so a no-consideration gift deed is still taxed on the property value. The nominal-consideration exemption in 40-22-1(b)(2) reaches only deeds "executed for a nominal consideration for the purpose of perfecting the title to real estate." Mortgages are taxed separately at $0.15 per $100 of indebtedness (Ala. Code 40-22-2(1)a.).
Madison County Service Center (main probate/recording office). Courthouse location: 100 North Side Square, 1st Floor, Huntsville, AL 35801. Historic archives at 6921 Highway 431, Owens Cross Roads, AL 35763. The county site is WAF-protected (403 to browser-UA curl, WebFetch, and headless Chrome), so sourceUrl points at the Alabama Secretary of State Judge of Probate directory — the live official page these fields were actually verified against (Frank Barger; 1918 North Memorial Parkway, Huntsville, AL 35801; (256) 532-3330). The county fee page could not be reached this pass, so the recording fee schedule is left at the state statutory floor; the previously noted local add-ons (RT-1 form page fee, no-tax-stamp fee) are UNVERIFIED and have been removed rather than restated from an unreachable source.
Verified July 13, 2026 · Source
Probate Attorneys Serving Madison County
Alabama uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Madison County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Alabama are based on reasonable compensation — typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Madison County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Top of Alabama Firms
Holliman & Holliman, Law Firm PLLC
FirmHusband-wife estate planning and elder law team with offices in Scottsboro and Birmingham. Specializes in long-term care planning, VA benefits, special needs trusts, Medicaid guidance, and business succession planning. John Holliman is a 4th-generation attorney.
Location
402 South Broad Street, Suite 200Scottsboro, AL 35768
Phone
(256) 259-3301
Service Area
5 counties
Sparkman, Shepard & Shepard, LLC
FirmServes individuals and families with estate planning, trust drafting, and probate law matters in Madison County. Offers flat-fee arrangements.
Location
303 Williams Avenue SW, Suite 1411Huntsville, AL 35801
Phone
(256) 512-6019
Service Area
1 county
Tanya Hendrix, Attorney at Law
Solo PracticeHuntsville solo practice handling wills, revocable living trusts, powers of attorney, and probate administration for Madison County families. Also assists with estate administration and trust funding after a death.
Location
600 Boulevard South SW, Suite 104Huntsville, AL 35802
Phone
(256) 361-1221
Service Area
3 counties
Tate & Tate
FirmFather-son estate planning practice with nearly 50 years of combined legal experience. Handles wills, trusts, family limited partnerships, conservatorships, guardianships, powers of attorney, and advance health care directives. Patrick H. Tate has served as the general administrator for DeKalb County since 1977.
Location
310 Alabama Avenue SWFort Payne, AL 35967
Phone
(256) 845-1047
Established
1973
Service Area
6 counties
The Porter Law Group, P.C.
FirmEstablished northeast Alabama firm with over 40 years of experience in estates and trusts. Handles estate tax issues, executorship duties, guardianship, conservatorship, living wills, special needs trusts, probate, will disputes, and trust drafting.
Location
123 East Laurel StreetScottsboro, AL 35768
Phone
(256) 912-2056
Service Area
4 counties
Lanier Ford Shaver & Payne P.C.
FirmLargest law firm in northern Alabama with 10 estate planning attorneys. Advise clients on estate and gift taxes, business succession, estate probate and trust administration. Firm history dates back to 1899.
Location
2101 West Clinton Avenue, Suite 102Huntsville, AL 35805
Phone
(256) 535-1100
Established
1988
Martinson & Beason, P.C.
FirmSince 1937, helping clients design plans for the orderly distribution of their estates. Probate and estate administration team handles wills, trusts, conservatorships, and probate litigation.
Location
115 Northside SquareHuntsville, AL 35801
Phone
(256) 533-1667
Established
1937
Firms from Neighboring Regions
Harris, Caddell & Shanks, P.C.
FirmDecatur law firm providing wills, probate, trusts and estates, estate administration, and probate litigation services. Serves Decatur, Hartselle, and all of Northern Alabama.
Location
214 Johnston Street SEDecatur, AL 35601
Phone
(256) 340-8000
Service Area
4 counties
Singing River Law, LLC
FirmNorthwest Alabama estate law practice offering trust and estate litigation, estate administration, and estate planning. Founded by University of Virginia law graduate with a focus on protecting family inheritances.
Location
313 West Tombigbee StreetFlorence, AL 35630
Phone
(256) 756-4663
Service Area
7 counties
The Rhea Firm
FirmNortheast Alabama firm in continuous practice since 1954. Handles estate planning, wills, trusts, powers of attorney, probate administration, and probate litigation. Richard A. Rhea is a current commissioner of the Alabama State Bar.
Location
930 Forrest AvenueGadsden, AL 35901
Phone
(256) 547-6801
Established
1954
Service Area
10 counties
Statewide Practices
Eastwood Estate and Probate Law
Solo PracticeEstates opened in 47 Alabama counties. Provides estate planning, probate and estate administration, estate and trust litigation, guardianships and conservatorships, and elder law services.
Location
2001 Park Place, Suite 510Birmingham, AL 35203
Phone
(205) 319-9995
Service Area
Statewide
The Harris Firm, LLC
FirmServing Alabama since 2005. Jefferson County probate lawyers and estate planning attorneys dedicated to giving clients peace of mind and expert legal support.
Location
2101 1st Avenue North, Suite 320Birmingham, AL 35203
Phone
(205) 201-1789
Established
2005
Service Area
Statewide
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
- Ala. Code § 43-2-350
- Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)
- Ala. Code § 43-2-848
- Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)
- Ala. Code § 43-2-851
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Madison County, attaching the original will (if any), the death certificate, and the filing fee ($47). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $29,964 statewide in Alabama. For Madison County, that means filing fees ($47 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Probate Court in Madison County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Alabama self-filing assessment scores whether this estate can be handled without one.
A simple Alabama probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Madison County probate.
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