Search Huntsville Probate Court Records

Probate court records for Huntsville are kept at the Madison County Probate Court. Huntsville residents seeking to probate a will, open an estate administration, set a guardianship. Or conservatorship, file for adoption, or petition for a name change must submit their case to Madison County Probate Court in Huntsville as the county seat. The probate court keeps multiple office locations throughout Madison County to serve the growing population of over 400,000 residents. The primary office is found at the Madison County Service Center on Memorial Parkway Northwest. A newer facility at 6921 Highway 431 in Owens Cross Roads gives additional access for county residents. Records include estate administration files, probated wills, guardianship orders, conservatorship proceedings, sealed adoption files, name change decrees, marriage records filed after August 2019, and real property transfer documents recorded with the probate office.

Which County Handles Probate Filings for Huntsville

Huntsville is found in Madison County. All probate court filings for Huntsville residents are handled by the Madison County Probate Court. As the county seat, Huntsville is home to the main probate court offices. The Madison County Probate Court is the only entity with area to probate wills, grant letters of administration, appoint guardians. And conservators, finalize adoptions, and issue name change orders for Madison County residents like those living in Huntsville.

Under Alabama Code Section 12-13-1, the probate court has original and general area over all matters relating to estates of deceased persons, guardianships and conservatorships for minors and incapacitated adults, adoptions, name changes, and other matters stated by statute. Wills must be filed in the county. Where the deceased person lived. Alabama law needs wills to be filed within five years of the testator's death to be effective.

Madison County Probate Court Locations Serving Huntsville

Primary Office - Madison County Service Center

The Madison County Service Center on Memorial Parkway serves as the current primary location for the probate court offices. This location handles all probate court functions like estate administration, guardianships, conservatorships, adoptions, name changes, marriage licenses, motor vehicle title transfers, deed recordings,. And elections administration. Staff at this office can assist with filing documents, searching records, requesting copies, and answering procedural questions.

New Court and Historic Archives Facility

Madison County opened a new courthouse. And historic archives facility in Owens Cross Roads to serve the county's expanding population. This modern facility gives additional access points for Huntsville residents and other Madison County citizens needing probate court services. The facility was designed to meet growing demand. And give improved service delivery.

Historic Courthouse Location

The historic Madison County Courthouse in downtown Huntsville served as the traditional location for probate court operations. This building remains a major landmark in Huntsville's downtown square. Probate court operations have transitioned to other locations to accommodate modern technology and increased caseloads.

Types of Probate Records Available for Huntsville Residents

Estate Administration Files

When a Huntsville resident dies, their estate must be administered through the Madison County Probate Court. The process begins with filing a petition for letters testamentary if the deceased left a valid will. Or a petition for letters of administration if the deceased died intestate. Under Alabama Code Title 43, Chapter 2, the personal representative must file an inventory. And appraisement within two months of appointment. Creditors have six months from grant of letters. Or five months from first publication to file claims under Alabama Code Section 43-2-350.

Estate files contain the original will. Or petition, letters issued by the court, inventory of assets, claims filed by creditors, accountings showing receipts and disbursements, receipts and releases from heirs or beneficiaries, and final settlement documents. These files remain permanently in the probate court archives. Interested parties can review estate files to find out property ownership, identify heirs and beneficiaries, verify payment of debts, or research family history.

Guardianship and Conservatorship Records

The probate court appoints guardians for minors. And incapacitated adults who cannot manage their own affairs. Alabama Code Title 26, Chapter 2A governs guardianship. And conservatorship proceedings. A guardian manages personal welfare and health care decisions. A conservator may be appointed. When an incapacitated person is unable to manage property and business affairs and has property that will be wasted without proper management or needs funds for support.

Guardianship files include the petition for appointment, medical evidence. Or certificates of incapacity, court orders appointing the guardian or conservator, bonds, annual accountings and reports, court orders approving actions or expenditures, and final discharge orders. Guardians and conservators must file detailed annual accountings with the court. These records are usually public under Alabama Code Section 36-12-40, subject to recent privacy rules restricting certain personal information.

Adoption Records

Probate courts in Alabama have exclusive area over adoption proceedings. However, adoption records are sealed by statute once the final decree is entered. Under Alabama Code Title 26, Chapter 10A, identifying information from sealed adoption files cannot be disclosed except by court order. Before the final decree, only the petitioner, their attorney, the preplacement investigator,. And any attorney for the minor have access to the adoption file.

An adoptee who reaches age 19 may petition the probate court for disclosure of identifying information about biological parents. The court will not release such information without the natural parent's written consent unless the court finds out disclosure is in the best interest after weighing all relevant factors. Natural parents may consent in writing under oath to allow disclosure when the adoptee reaches 19 years of age.

Name Change Records

Huntsville residents seeking a legal name change must file a verified petition in Madison County Probate Court under Alabama Code Title 12, Chapter 13. The court must find compliance with notice requirements, good and enough reason for the change, and that the change is consistent with the public interest. For child name changes under Alabama Code Section 26-11-3, notice must be given to both parents unless waived.

Name change files contain the verified petition, proof of notice. Or waivers, and the court order granting. Or denying the petition. These records are usually public unless sealed for specific reasons like domestic violence protection. Or witness protection. Name change records can assist with genealogical research or tracing individuals through different surnames.

Fees and Costs

Alabama Code Section 12-19-90 sets a statutory fee schedule for probate court services. The statute sets standard fees. But does not repeal local laws that may prescribe different fees for judges of probate. Madison County Probate Court follows either the statutory schedule. Or a local fee schedule if one has been adopted.

Standard fees under Section 12-19-90 include:

• Will probate (5 pages or less): $45.00 with three certified copies of letters testamentary
• Letters of administration: $45.00 with three certified copies
• Additional pages: $3.00 per page for wills over 5 pages and final settlements over 10 pages
• Filing petitions: $3.00 per petition or paper filed
• Presiding in noncontested causes: $10.00
• Presiding in contested causes: $25.00 per day
• Certified copies: $2.00 to $5.00 per document plus page fees
• Uncertified copies: $0.50 to $2.00 per page depending on county practice

Contact the Madison County Probate Court at 256-532-3330 for the current full fee schedule. Fees are subject to change. Payment is usually needed at the time of filing. Or when requesting copies. Most probate offices accept cash, checks, money orders,. And in some cases credit or debit cards.

Legal Framework and Statutes

Probate Court Jurisdiction

Alabama Code Section 12-13-1 sets the general area of probate courts in Alabama. This statute grants probate courts original and general area over granting letters testamentary and administration, probating wills, settling estates, appointing guardians and conservators, hearing adoptions, issuing name changes, and all other matters stated by law.

Public Records Access

Alabama Code Section 36-12-40 classifies records of the office of the probate judge as public writings. That are free for examination by all persons whether interested or not. The statute was recently amended by Senate Bill 270 in 2024 to clarify that public officers are not obligated to respond to requests that are vague, ambiguous, overly broad, or unreasonable in scope. The Alabama Supreme Court issued full privacy rules effective January 1, 2025, setting 96 categories of privileged or confidential information exempt from public access.

Alabama Probate Code

Alabama Code Title 43, Chapter 8 comprises the Alabama Probate Code. This chapter defines the probate court as the court having area in matters relating to the affairs of decedents. It contains full provisions governing estate administration, will execution requirements, intestate succession,. And will contests.

Guardianship and Protective Proceedings

Alabama Code Title 26, Chapter 2A is the Alabama Uniform Guardianship. And Protective Proceedings Act. This act took effect in January 1988. And governs the appointment and duties of guardians and conservators. The law places responsibility for care of the person under guardianship provisions. And responsibility for care of finances and property under conservator provisions.

Filing Claims Against Estates

Alabama Code Section 43-2-350 needs claims against a decedent's estate to be filed within six months after grant of letters. Or five months from first publication of notice to creditors. Claims not filed within this period are barred unless an exception applies.

Legal Aid and Resources for Huntsville Residents

Madison County Volunteer Lawyers Program

The Madison County Volunteer Lawyers Program gives free civil legal help to low-income Madison County residents. This not-for-profit pro bono program is supported by the Huntsville-Madison County Bar Association. Eligible individuals can access volunteer attorneys for various civil matters like certain probate issues. Eligibility is based on income and asset levels.

Huntsville-Madison County Bar Association

The Huntsville-Madison County Bar Association serves legal professionals and the public in the Huntsville area. The association gives free continuing legal education programs, lawyer referral services,. And public service opportunities. Membership is open to all attorneys licensed to practice in Alabama with a connection to Huntsville. Or Madison County. The association has several sections like young lawyers, women's, family law, real estate law,. And criminal law sections.

Federal Court Access

A new 123,100-square-foot federal courthouse opened in 2024 at the intersection of Lowe Avenue and Gallatin Street, replacing the 1936 courthouse. The facility serves the U.S. District Court and Bankruptcy Court for the Northern District of Alabama. The building also houses the U.S. Marshals Service, U.S. Attorney's Office, and U.S. Probation and Pretrial Services. The courthouse is LEED Gold and SITES Silver certified and features 5 courtrooms and 6 judges' chambers.

Huntsville Probate Resources

Nearby Cities with Probate Records

The below cities in Alabama also keep probate court records through their respective county probate courts:

• Madison - Madison County
• Decatur - Morgan County
• Birmingham - Jefferson County
• Montgomery - Montgomery County