The Probate Office is in the Madison County Service Center. Court and historic archives are at 6921 Highway 431, Owens Cross Roads, AL 35763, open Mon-Fri 9:00 AM to 3:00 PM (Tuesday and Thursday by appointment only).
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 months to 18 months to move through this process. Creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.
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.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Alabama allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payAla. 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 Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Ala. Code § 43-2-851Verified Sep 8, 2026View source of estate value annually.
Probate in Alabama typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Madison County are filed at the Probate Court. File in person during business hours or by mail.
Beside the filing office, the court lists separate lines for Case Management, Operations, and Accounting.
Can You File Without an Attorney?
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Records Access
Court and land records are viewed by appointment
Court and land records are available for direct access by appointment made at least one business day in advance; records can also be sent electronically or by US Mail on request to probate@madisoncountyal.gov or 256-532-3330.
Filed with the opening petition at the Probate Court: Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate; Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issueAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Madison County
In Alabama a death is registered locally, and in Madison County certified copies of the death certificate are issued by Madison County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Judge of Probate.
Deeds and other real property documents for Madison County are recorded with the Judge of Probate at 1918 North Memorial Parkway Northwest, Huntsville, AL 35801. Phone: 1-256-532-3330. Hours: Monday-Friday 8:30 AM-4:30 PM.
The Judge of Probate charges $26 for the first page plus $3 for each additional page.
Madison County accepts electronic recording through Simplifile and CSC.
Alabama allows independent administrationAla. Code § 43-2-834Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Alabama are based on reasonable compensation, 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.
Husband-and-wife firm with offices in Scottsboro and Birmingham, working in the Jackson, Jefferson and Shelby County probate courts. Guides personal representatives through probate and successor trustees through trust administration, alongside estate planning, special needs trusts, guardianships and conservatorships.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 6 more
Office
402 South Broad Street, Suite 200Scottsboro, AL 35768
Huntsville firm on Northside Square, in practice since 1937, serving estate clients in Madison, Marshall, Morgan and Limestone counties. Takes estates through probate, inventorying assets, obtaining appraisals and settling debts, and litigates will and trust contests, disputes over an executor's performance and contested guardianships. A partner has served as Madison County Conservator since 2001.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 2 more
Downtown Huntsville firm whose probate work is mostly in the Madison County Probate Court, with estates also handled in Limestone, Morgan, Marshall and Jackson counties. Represents executors named in a will from the petition for letters testamentary through creditor notice, inventory and closing, and advises successor trustees through trust administration. Bills most work at set prices.
Huntsville solo practice on Memorial Parkway SW. Tanya Hendrix files the paperwork to open estates with or without a will, guides personal representatives through creditor notice, estate taxes and the final accounting, and handles will contests. Appointments are offered virtually or in person.
Fort Payne father-son firm serving DeKalb County and nearby communities from Scottsboro to Gadsden and Anniston. Handles estate administration and probate, conservatorships, guardianships, wills and trusts; Patrick H. Tate has served as general administrator for DeKalb County since 1977.
Scottsboro firm in the Rossen Building on the Jackson County Courthouse Square, serving Jackson, Madison, DeKalb, and Marshall counties. Guides executors through probate in the Alabama Probate Court, from filing the will to valuing assets, paying debts, and locating beneficiaries, and represents beneficiaries and executors in will contests and estate disputes.
PracticesEstate PlanningProbateProbate LitigationElder Lawand 5 more
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.
Data sourced from Alabama statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Alabama
Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Alabama.
How Do I Settle an Estate?
Settling an estate in Alabama: the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment; creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Alabama happens outside court: the trustee acts under the state's Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysAla. Code §§ 19-3B-813, 19-3B-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Enter the estate value to see Alabama attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Alabama lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
