Probate Judge

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PLEASE READ THE FOLLOWING INFORMATION CAREFULLY

 ***Please note that individual pages on this site might not contain the below information***

 

Judge Frank Barger Provides Guidance for Access to the Probate Court of Madison County

 

To protect the citizens of Madison County and Court Staff, the Probate Court of Madison County will operate as outlined below until further notice. Please understand the following measures are being put in place to avoid a disruption of services. One COVID-19 diagnosis among our staff could limit all direct public access and discontinue all but emergency services of the Court for several weeks. All persons entering our office will be required to wear an appropriate mask that covers the mouth and nose and ensure social distancing of at least six feet.

General Access: The Probate Court located in Room 101 on the main floor of the Madison County Courthouse will be open for direct public access from 8:30am to 5:00pm, Monday through Friday. We will be closed for any recognized holidays. Please note we stop recording documents, accepting passport applications, and processing notary commissions at 4:30pm. Public traffic in/out of the common areas of the office will be limited to no more than six persons at any given time.

Access to Records: There will be no direct public access to the Courthouse Record Room and the Madison County Records Center (located at the Huntsville-Madison County Public Library). Our staff will continue to promptly respond to all requests for records via the process as follows:

 

Passport Applications and Notary Commissions: Passport applications and notary commissions will be processed at the counter on the third floor of the Madison County Courthouse just outside of the elevator.

 

Recording a Marriage Affidavit: Although the Probate Office will be open, we strongly encourage you to mail your marriage affidavit to us for recording. This will help us avoid unnecessary exposure and wait times in the office. To record a marriage affidavit via mail, please see the following.

  • The marriage affidavit and instructions for completing the form are available at: http://www.alabamapublichealth.gov/vitalrecords/marriage-certificates.html
  • You may mail your fully completed and executed marriage affidavit along with a money order or cashier’s check for $89 made payable to Probate Judge of Madison County to: Probate Court, Madison County Courthouse, 100 North Side Square, Huntsville, Alabama 35801
  • Please include a self-addressed stamped envelope so we can return a certified copy of your marriage affidavit back to you once it is processed
  • We strongly encourage you to mail the affidavit via certified mail or an overnight carrier so you can track/ensure it is received by our office
  • Please keep in mind that the marriage affidavit must be received within 30 days of the latter signature on the document for it to be accepted/considered valid
  • If you have any questions, please call 256-532-3330

 

To Record Documents: We kindly ask that you continue to use the electronic recording process, send documents via U.S. Mail or overnight carrier, or use the Courthouse basement drop box for recording documents if at all possible – this will help us avoid unnecessary exposure and wait times in the office.

  • Approved vendors for electronic filing:

Simplifile                                                     800-460-5657     www.simplifile.com

CSC / Corporation Service Company         855-200-1150     www.erecording.com

ePN / eRecording Partners                         888-325-3365     www.GOePN.com

  • Business formations and dissolutions can be filed electronically with the Secretary of State at: www.alabamainteractive.org/sos/welcome.action
  • Please mail documents for recording with the correct filing fee to: Probate Court, Madison County Courthouse, 100 North Side Square, Huntsville, Alabama 35801
  • When using the basement drop box please place your items in a sealed envelope marked Madison County Probate Court
  • When recording via mail or using the drop box, please include a self-addressed stamped envelope for return
  • If you have any questions, please call 256-532-3330

     

    Hearings: In-person proceedings before the Probate Court of Madison County will resume on Monday, May 18. We kindly ask that no one gather inside the Probate Office prior to a hearing. Attorneys, legal professionals, and any party presenting themselves to the Court for a hearing should wait in the hall outside the Probate Courtroom. A member of our staff will make an announcement in the hall before each scheduled hearing and admit those present directly into the Courtroom. No one will be allowed into the Courtroom without a mask that covers the mouth and nose. Until further notice, commitment proceedings will continue to be conducted via teleconference. If you have any questions, please call 256-532-3330.

    Petitions for Involuntary Commitment and Emergency Guardianship: Petitions for involuntary commitment and emergency guardianship will be accepted via email to probate@madisoncountyal.gov. The original petition and related documents should be mailed to the Court or placed in the Courthouse basement drop box, along with the correct filing fee, the same day as sent via email. If mailing, please send to: Probate Court, Madison County Courthouse, 100 North Side Square, Huntsville, Alabama 35801. Commitment hearings will be held via teleconference and participation of all parties coordinated by our office. If you have any questions, please call 256-532-3330.

     

    Petitions for all Other Matters: We kindly ask that you continue to send petitions/related documents via U.S. Mail or overnight carrier or use the Courthouse basement drop box for filing documents if at all possible – this will help us avoid unnecessary exposure and wait times in the office.

  • Petitions for all matters other than commitment or emergency guardianship, or any other documents, will be processed. These can be mailed along with the correct filing fee to: Probate Court, Madison County Courthouse, 100 North Side Square, Huntsville, Alabama 35801
  • When using the basement drop box please place your items in a sealed envelope marked Madison County Probate Court
  • When recording via mail or using the drop box, please include a self-addressed stamped envelope for return
  • Stamped copies, orders, letters, and any other documents related to the above will be returned to your office via U.S. Mail
  • Our office will contact the petitioning Attorney to set a hearing that would be required on any matter
  • If you have any questions, please call 256-532-3330

 

Access to Attorney Boxes: We kindly ask that you do not visit the office for the sole purpose of checking Attorney boxes. Commonly referred to as boxes, these are the files for each Attorney/firm located within our office. Any items recorded or processed will be mailed back to the recording entity or petitioning Attorney. Any other items that might collect in these files will be mailed to the Attorney or firm.

 

Thank you! Our team is extremely proud of the work accomplished during the time since the Court System closed to direct public access. We have done everything possible to maintain processing, return documents in a timely manner, handle all emergency proceedings, reschedule postponed hearings, schedule future hearings, and deliver every service that was possible without the ability to see you in person. Please do not hesitate to contact us at 256-532-3330 if we may be of any assistance to you. It is our great honor and pleasure to serve the people of Madison County.

 

 Due to the complexity of laws and procedures of the Probate Court, you are to seek the advice of an attorney.  We are prohibited by law to offer any legal advice.