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Probate Attorney for Madison, Florida

Settling a Madison estate, often from out of state, takes a court appointment and a Florida attorney.

We handle Madison and Madison County probate wherever you are, for a flat fee you can see up front.

  • Done by phone, video, and e-signature
  • Flat fees from $1,500, no hourly surprises
  • Litigates Florida probate and trust disputes in court
Book a free 30-minute consult Flat fees from $1,500 · serving Madison and Madison County residents

Quick Overview

A Madison estate is filed in the county where the person lived, and Florida lets attorneys e-file everything, so an out-of-state family never travels to court. We handle Madison and Madison County probate for flat fees from $1,500. The three kinds of probate, the timeline, and serving from out of state are below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one.

  1. Probate in Madison County: Where It’s Filed It files in the county where the person lived, and attorneys e-file every document, so an out-of-state family never has to travel to the Madison County courthouse.
  2. Which Kind of Probate You’ll Need Most estates pass through one of three doors, and the cheapest may be open. Summary administration clears estates of $150,000 or less (raised from $75,000 on July 1, 2026), or any estate more than two years old.
  3. How Long, and What It Costs Flat fees start at $1,500 for disposition, $2,500 summary, and $3,500 formal. A formal case is paced by the 3-month creditor window, so it runs about 6 to 12 months.
  4. Out-of-State Personal Representatives You can serve as personal representative from another state if you are related to the decedent. An out-of-state child qualifies, and we handle it wherever you are.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Probate in Madison County: Where It’s Filed

Madison is in Madison County, which sits in Florida’s 3rd Judicial Circuit. Probate is filed with Billy Washington, the Madison County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Madison County Courthouse at 125 SW Range Avenue in Madison, with a Courthouse Annex two blocks away at 229 SW Pinckney Street. The Probate Division has one circuit judge, who also carries all of the county’s felony docket and all of Taylor County’s circuit civil cases. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Madison County estate handled without anyone traveling to the courthouse.

The Madison Clerk writes case numbers in a local short form such as 25-31-CA rather than with a county-code prefix. The Madison Clerk posts no probate page and no fee schedule, so call (850) 973-1500 for the filing charge before you file, and note that a Madison estate in which the Hardee Law Firm appears is reassigned away from Judge Hardee automatically by the clerk under the circuit’s standing recusal. We serve Madison and Madison County residents, including Madison, Greenville, Lee, Pinetta, Cherry Lake, Lamont, Hanson.

Which Kind of Probate You’ll Need

Most Madison County estates pass through one of three doors. The cheapest one may be open.

We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →

How Long, and What It Costs

Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Madison County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →

Disposition without administration
From $1,500
The smallest estates, where the assets are exempt or do not exceed the funeral and final medical expenses. The petition and the order releasing the asset.
Summary administration
From $2,500
Estates under $150,000 of non-exempt assets, or where the death was more than two years ago. The petition, the orders and the transfer of the assets, usually without a personal representative.
Formal administration, routine estate
From $3,500
The full court process with a personal representative appointed. Letters of administration, notice to creditors and the claims period, the inventory, the accounting and the distribution. Larger estates estimated at the consult.
Recording costs vary by county and start at $19.20 for a deed. Documentary stamp tax, court filing fees, publication and certified copies are additional and passed through at cost.

Out-of-State Personal Representatives

Under Florida law, you can serve as personal representative of a Madison County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Madison and Madison County by phone, video, and e-signature.

Local Rules, Judges, and the Clerk’s Probate Office

Every circuit publishes administrative orders and local procedures that control how probate actually runs in Madison County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. The Third Circuit is one court visiting seven courthouses in Columbia, Suwannee, Taylor, Madison, Dixie, Hamilton and Lafayette counties. One general magistrate, Christina N. Seifert, carries probate, guardianship and trust matters in all seven, and the circuit’s six-month master calendar does not carry a probate docket in any county, so every hearing is specially set through the assigned judge’s judicial assistant. After hours one duty judge covers all seven counties and is reached through the local Sheriff’s Office dispatch. No administrative order in this circuit governs decedent probate practice. The circuit’s own Probate and Guardianship order category holds three orders and none of them is about administering an estate, and the circuit publishes no probate checklist, packet or form. What governs instead is the general assignment order, rewritten every six months and expiring December 31, 2026, plus the two general magistrate orders.

You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.

Handling a Madison estate?

A free 30-minute consult tells you which kind of probate applies and what it will cost.

Book your free consult

Frequently Asked Questions

How do I choose a probate lawyer in Madison?

Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Madison and Madison County families.

Where is probate filed in Madison County?

Probate is filed with Billy Washington, the Madison County Clerk of the Circuit Court and Comptroller, in the 3rd Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Madison County estates wherever you are.

How long will it take?

Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.

Do I need a local attorney if I live out of state?

You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Madison and Madison County by phone, video, and e-signature.

Sources


Updated August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Madison and Madison County residents from Miami; this is not a Madison office.

Madison probate, wherever you are

Book a free 30-minute consult and we’ll quote a flat fee.