How to Get a Copy of a Will in Madison County Probate Court

You can get a copy of a will from the Madison County Probate Court once the will has been filed for probate, because filed wills become public record. Contact the probate office at 256-532-3330 or email probate@madisoncountyal.gov to request records by email or mail, or schedule an appointment at least one business day ahead to view records in person. Copies cost $1 per page, plus $2 if you need certification. If the will was never filed, it is not public, and no one at the courthouse can give you a copy.

First, Find Out Whether the Will Was Ever Filed

This is the step that determines everything else. A will is a private document while the person is alive and stays private after death until someone files it with the probate court.

• If the will was filed for probate, it is part of the public court record. Anyone can request a copy, including family members who were left out.
• If the will was never filed, the court has nothing. The original is still sitting wherever the person kept it, or with whoever holds it.

Alabama treats probate court records as public writings open to examination, which is why access is broad once a filing happens. You can review the governing statutes through the Alabama Legislature portal. Madison County’s collection goes back to 1809.

Most families run into the second situation, especially in the first weeks after a death. If that is where you are, the section below on the custodian’s duty is the one you need.

How to Request a Copy From the Madison County Probate Court

The probate office handles records requests three ways. Here is what to do for each.

Option 1: Request by Phone or Email

The fastest route for most people. Call 256-532-3330 or email probate@madisoncountyal.gov and ask for the estate file. Staff can send records to you electronically or by US Mail. Have this information ready:

• The full legal name of the person who died, including maiden or former names
• The approximate date of death
• The case or estate number, if you have it

Option 2: View Records in Person by Appointment

Court and land records are available for direct access by appointment, and the office asks for a minimum of one business day’s notice. Set it up through the same phone number or email. Bring a government-issued ID.

The Probate Judge’s offices are at:

• Madison County Courthouse, 100 North Side Square, Huntsville, AL 35801
• Madison County Service Center, 1918 Memorial Parkway NW, Huntsville, AL 35801, open 8:30 AM to 4:30 PM Monday through Friday

Older court and historic archives are held at a separate facility at 6921 Highway 431 in Owens Cross Roads. If the death was decades ago, ask which location holds the file before you drive out. The probate judge’s main page lists current hours and contact details.

Option 3: Request by Mail

Write to the Probate Judge with the decedent’s name, date of death, and the documents you need. Include payment for the expected copy fees and a self-addressed stamped envelope. Mail requests generally take one to two weeks.

What Does a Copy of a Will Cost?

Madison County charges $1 per page for copies, plus $2 for certification when you need a certified copy. The recording and copy fee schedule is posted on the county site.

When do you need a certified copy rather than a plain one?

• Plain copy is fine for reading the will, checking who was named, or sharing with family.
• Certified copy is required by banks, title companies, transfer agents, and out-of-state courts as proof of authenticity.

If you are settling an estate, order more certified copies than you think you need. Requesting them one at a time later costs more time than money.

What If the Will Was Never Filed With the Court?

You still have options, and Alabama law is on your side. Whoever holds the original will has a legal duty to deliver it after the person’s death rather than keep it to themselves. That duty applies to a family member, an attorney, a bank, or anyone else holding the document.

Practical steps in order:

1. Ask the drafting attorney. Law firms routinely keep original wills or signed copies in their vaults. Call the firm the person used.
2. Check for a safe deposit box, a home safe, or a fireproof box among their papers.
3. Ask the named executor. People often give the original to the person they chose to serve.
4. If someone is withholding it, an interested party can petition the probate court to compel delivery.

Keep one deadline in mind. An Alabama will is not effective unless it is filed for probate within five years of the date of death. Separately, while state law sets no exact deadline for the initial filing, most Alabama probate courts expect a filing within 60 to 90 days of death. Waiting is not neutral.

If you are trying to locate a will or believe someone is holding one back, our probate team can help. Book a free 15-minute discovery call.

Who Is Allowed to See a Filed Will?

Anyone. Once a will is admitted to probate, it is a public record, and there is no requirement to prove you are a beneficiary or a relative. That surprises families who assume the contents stay private among heirs.

This cuts both ways:

• A disinherited child can read exactly what the will says.
• A neighbor, a creditor, or a reporter can too.
• The estate’s inventory and accountings generally become public as well.

This is one of the strongest practical arguments for a living trust. A trust is not filed with the court, so its terms stay private, and the estate never becomes a public file. Our estate planning team can explain whether that fits your family.

Frequently Asked Questions

Can I get a copy of a will before the person dies?

No. A will is private during the person’s lifetime, and only they can share it. The court has no copy until it is filed after death.

How long does it take to get a copy?

Email and phone requests are often handled within a few days. In-person appointments need at least one business day’s notice, and mail requests take one to two weeks.

Do I need to be a family member to request a will? No. A will filed for probate is a public record in Alabama, and any member of the public can request a copy.

What if my parent died in another county? Wills are filed in the county where the person lived at death. If they lived in Athens, request from Limestone County rather than Madison County.

Is there a fee to just look at a will? Viewing records by appointment does not carry the per-page copy fee. You pay only for copies you take with you.

Your Next Step After Locating the Will

Getting the document is usually the easy part. The harder question is what the will means for your family and whether the estate needs to be opened at all. If the will has not been filed and the death was recent, that clock is already running.

Valley Estate Planning is North Alabama’s largest dedicated estate planning firm, with board-certified elder law attorneys and 500+ families protected. Schedule your free discovery call and we will review the will and tell you what has to happen next.