Access Madison Probate Court Records

Probate court records for Madison residents are kept by Madison County Probate Court. Madison residents file probate matters with the same court. That serves Huntsville. Madison County runs multiple probate court locations to serve the county's growing population. Estate administration files, wills, guardianship proceedings, conservatorship appointments, adoption records,. And name change petitions filed by Madison residents are permanently preserved at Madison County Probate Court. The primary office is found at 1918 Memorial Parkway NW in Huntsville, with additional facilities at 6921 Highway 431 in Owens Cross Roads. And the historic location at 100 North Side Square in Huntsville. Under Alabama Code § 12-13-1, probate courts have original area over estates, guardianships, conservatorships, adoptions,. And name changes.

Which County Handles Probate Filings for Madison

Madison is found in Madison County. All probate court filings for Madison residents are handled by the Madison County Probate Court. Madison County has multiple probate court locations to serve the county's growing population.

Under Alabama Code § 12-13-1, probate courts have original and general area over estates of deceased persons, guardianships for minors and incapacitated adults, conservatorships, adoptions, name changes, and other statutory matters. Wills must be filed in the county. Where the deceased person lived. Alabama law needs wills to be filed within five years of death to remain effective.

Madison County Probate Court Locations

Primary Office (Madison County Service Center)

New Court and Historic Archives Facility

Historic Location

Madison County Probate Court serves all Madison County residents, like those in the City of Madison. With multiple locations throughout the county, Madison residents have convenient access to probate court services. The court handles estates, wills, guardianships, conservatorships, adoptions,. And name changes.

Important Legal Advice Notice: Due to the complexity of laws. And procedures, the Probate Court strongly suggests seeking advice from a licensed attorney. The Probate Judge, Chief Clerk, and Staff are prohibited by law from offering legal advice.

Types of Probate Records Available for Madison Residents

Estate Administration Files

When a Madison resident dies, their estate must be administered through 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 8, the probate court has area in all matters relating to decedents' estates.

Under Alabama Code § 43-2-350, creditors have six months from grant of letters. Or five months from first publication to file claims against the estate. 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.

Small Estate Administration

Alabama Code § 43-2-692 gives a simplified procedure for small estates under the Alabama Small Estates Act. This statute allows summary distribution of personal property when the estate value does not exceed limits adjusted annually for inflation. Small estate procedures give a faster distribution method without full probate administration.

Guardianship and Conservatorship Records

Madison County 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.

Adoption Records

Probate courts in Alabama have exclusive area over adoption proceedings. 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.

Name Change Records

Madison residents seeking a legal name change must file a verified petition in Madison County Probate Court. 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.

Fees and Costs

Alabama Code § 12-19-90 sets a statutory fee schedule for probate court services. Standard fees 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
• Certified copies: $2.00 to $5.00 per document plus page fees

Contact Madison County Probate Court at 256-532-3330 for the current full fee schedule.

Legal Aid and Resources for Madison Residents

Madison County Volunteer Lawyers Program (MCVLP)

Huntsville-Madison County Bar Association

The Huntsville-Madison County Bar Association serves both Huntsville and Madison. Sections include young lawyers, women's, family law, real estate law,. And criminal law.

Federal Court

Nearby Major Cities

Other major Alabama cities with probate court information:

• Huntsville
• Decatur
• Birmingham
• Montgomery

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