Madison County Probate Office Locations
The main Madison County Probate office sits at the Madison County Service Center, 1918 Memorial Parkway NW, Huntsville, AL 35801. The phone is (256) 532-3330. Probate runs Monday through Friday from 8:30 AM to 4:30 PM. Recording documents and notary commissions stop at 4:30 PM. The historic Court and Land Archives sit at 6921 Highway 431, Owens Cross Roads, AL 35763, with set weekday hours and appointment-only days.
| Office | Address | Hours |
|---|---|---|
| Madison County Probate (main) | 1918 Memorial Parkway NW, Huntsville, AL 35801 | Mon-Fri 8:30 AM - 4:30 PM |
| Court and Historic Archives | 6921 Highway 431, Owens Cross Roads, AL 35763 | Mon, Wed, Fri 9-3; Tue, Thu by appointment |
Court and land records are available for direct access by appointment at least one business day ahead. Email probate@madisoncountyal.gov or call (256) 532-3330 to schedule.
What Madison County Probate Covers
Probate handles a broad slice of court work. The official county page lists wills, estates, summary distributions, guardianship, conservatorship, adoptions, commitments, name changes, legitimations, marriage certificates, notary commissions, corporations, elections, eminent domain, military discharge records, passports, recorded documents, and recording fees. The office also runs a property-change notification system with the Tax Assessor.
- Wills and estates - probate of wills, intestate administration, summary distribution.
- Guardianship - personal care decisions for a ward.
- Conservatorship - financial decisions for a protected person.
- Adoption - confidential adoption proceedings under state law.
- Commitments - mental-health commitment files with strict access rules.
- Marriage certificates - the 2019 Act 2019-340 recording process.
- Recorded documents - deeds, liens, and related land records.
Estate Basics and Probate Definitions
The official Probate FAQ sets out the basics in plain words. A will tells how property passes after death. Testate means a person died with a valid will. Intestate means a person died without one. Alabama law requires that a will maker be at least 18, of sound mind, and free from improper influence. A valid Alabama will must be written, signed by the maker, and witnessed by two people as required by law. Wills generally get filed in the county where the deceased lived, and a will must be filed for probate within five years of the testator's death to remain effective.
- Testator
- A person who has signed a valid will.
- Executor
- The person named in a will to administer the estate.
- Intestate
- A person who died without a valid will.
- Guardian
- A court-appointed adult who makes personal care decisions for a ward.
- Conservator
- A court-appointed adult who manages money or property for someone who cannot.
- Letters of Administration
- Court order giving an executor or administrator power to act for an estate.
How Estate Administration Works in Madison County
Probate of an estate follows a set sequence. The Probate Judge ensures Alabama distribution laws are followed. The Judge cannot advise on the law or provide forms, so most petitioners use an attorney. Summary Distribution applies for smaller estates with assets totaling $28,024 or less according to the official Probate page, with legal counsel deciding eligibility.
- Petition filed with the Probate Court.
- Immediate control of the estate is granted to the personal representative.
- Inventory of estate assets is completed within 2 months.
- Bond payable to the Probate Judge is filed.
- Notice goes to all known heirs.
- Letters of Administration are granted by the court.
- Notice to creditors is published once a week for 3 weeks, with individual notice to known claimants.
- Claims are filed within about 6 months.
- Estate generally cannot be divided until claims and expenses are paid, usually at least 6 months.
- Court must approve attorney fees.
Madison County Probate Fee Schedule
The Probate cost list breaks fees out by service. Several services share the same base fee. Marriage certificate recording is one of the most common public-facing fees at $89.
| Item | Fee |
|---|---|
| Administration | $37.00 |
| Administration with Will Annexed | $74.00 |
| Adoption | $52.00 |
| Conservatorship | $37.00 |
| Conservatorship/Guardianship combined | $64.00 |
| Contest of Will | $25.00 |
| Guardianship | $37.00 |
| Inventory | $25.00 |
| Name Change | $37.00 |
| Marriage License/Certificate | $89.00 |
| Summary Distribution | $50.00 |
| Transfer Fee to Circuit Court | $52.50 |
| Will | $47.00 |
The official Probate Judge page lists service categories, hours, and contact details.
Recorded Documents Portal
Madison County Probate runs a public-facing portal for recorded documents at madisonprobate.countygovservices.com. The official Probate page says account creation has no fee and there is no fee for available portal documents. Users can search deeds, liens, and other recorded instruments. Some older records may not yet be imaged, so a trip to the Service Center or the Owens Cross Roads archives may still be needed for historic deeds.
Note: Probate staff cannot give legal advice; speak with an estate attorney for guidance on probate filings or will contests.
Madison County Probate Archives in Owens Cross Roads
Court and historic land archives are housed at 6921 Highway 431, Owens Cross Roads, AL 35763. The official hours are Monday 9:00 AM to 3:00 PM, Tuesday 9:00 AM to 3:00 PM by appointment, Wednesday 9:00 AM to 3:00 PM, Thursday 9:00 AM to 3:00 PM by appointment, and Friday 9:00 AM to 3:00 PM. Researchers should call ahead to confirm. Email probate@madisoncountyal.gov or call (256) 532-3330 to schedule.
Restricted Probate Records
Some probate categories are not open to the public. Adoption proceedings and records are confidential under Ala. Code § 26-10A-31. Final adoption decrees are sealed except by court order, good cause, or specific vital-records pathways. Mental-health commitment files are limited by § 22-52-10.4. Some sealed estate fights and confidential medical records also stay closed to the public.
Public access to non-confidential probate records still has fees and procedure. The Alabama public-records framework starts at Ala. Code § 36-12-40. Certified copies fall under § 36-12-41. Court privacy rules effective January 1, 2025 may also reshape how certain probate filings appear in search results.
How to Request a Probate Record in Madison County
The fastest path is the recorded-document portal. For records not yet imaged, schedule direct access by appointment. The office accepts requests by email and phone, with at least one business day of notice.
- Try the recorded-document portal first; account creation is free.
- Search by name, date range, or document type for deeds and recorded instruments.
- If the record is not online, email probate@madisoncountyal.gov with the record details.
- Or call (256) 532-3330 to schedule appointment access to the file room.
- Bring a photo ID and the case or instrument number when visiting in person.