Montgomery County Probate Court
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Real Property
- Index Fee: $5.00
- Per Page Charge (Maximum of two (2) names for Grantor or Grantee): $2.50
- Certification Fee: $1.00
- Total for Basic One-Page Document (Lien, Assignment, Judgment, Release): $8.50
- Additional Names: $1.00 per name
- Additional Book and Page References: $1.00 each
Deed Tax
To basic document charges, add $.50 per $500 or $1.00 per thousand on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500.
Real Estate Sales Validation
Beginning August 1, 2012, a buyer of real estate must prove the actual purchase price when recording a deed, or file the Real Estate Validation Form, which shows the Total Purchase Price, Actual Value, or Assessor's Market Value. (see Code of Alabama, section 40-22-1). Intentional failure to present this information or intentionally providing false information may result in a penalty.
Probate Judge's Deeds
- $16.50 total
Mortgage Tax
To basic document charges, add $.15 per $100 or $1.50 per thousand charged in increments of $100. Mortgage amount is always rounded off to the nearest $100.
Uniform Commercial Code (UCC) Filings
- Index Fee: $5.00
- Recording Fee: $20.00
- Mortgage tax is $.15 per $100 (rounded to next $100) on the amount of indebtedness. No mortgage tax is charged when UCC is filed as additional security. Fee includes UCC plus two attachments. Additional attachments over two are charged at $2.00 per page.
UCC Continuation
- Index Fee: $5.00 ($1.00 per extra name)
- Recording Fee: $20.00
UCC Assignments and UCC Amendments
- Index Fee: $5.00 ($1.00 per extra name)
- Recording Fee: $20.00
UCC Termination
- No recording fee
Business Entities
Note: The Secretary of State’s Office, based on an Attorney General’s opinion dated January 26, 2011, now requires that name reservations be submitted to the Probate Recording Office for the formation of all types of business entities. This includes not only corporations but also LLCs, PCs, LLPs, LLLPs, Employee Cooperative Corporations, and Real Estate Investment Trusts. The name reservation must be obtained from the Secretary of State’s Office prior to recording a Certificate of Formation or Registration or an Amendment to Certification of Formation (name change).
Forms for requesting a name reservation and for filing the documents listed below are available at the Alabama Secretary of State's website.
A new state law, Code of Alabama Title 10A, has changed the fees for filing Alabama Business and Nonprofit Entities. Effective January 1, 2011, there will be an increase in filing fees for the Judge of Probate and Secretary of State for all types of Domestic Entities. The increased fees are as follows:
Certificate of Formation or Registration
- Secretary of State: $100.00
- Judge of Probate: $55.00
Restated Certificate of Formation or Registration
- Secretary of State: $100.00
- Judge of Probate: $55.00
Amendment to Certification of Formation
- Secretary of State: $50.00
- Judge of Probate: $30.00
Certification of Termination (includes Cancellations, Withdrawals, and Dissolutions)
- Secretary of State: $100.00
- Judge of Probate: $55.00
Certificate of Merger; Articles of Consolidation or Share Exchange
- Secretary of State: $100.00
- Judge of Probate: $55.00
All Other Business Entity Instruments
- Secretary of State: $25.00
- Judge of Probate: $30.00
Copy charges of Business Entities made in the Judge of Probate office will be increased to $1.50 per page and the certification fee will be $5.00.
Other Recording Fees
Military Discharges
- No charge
Delegation of Powers
- $7.00 index fee
- $1.00 certification fee
- $2.50 per page
Notary Bonds
- $24.00 for four years
Notary Certifications
- $2.00 each
Copy Charges
- $1.00 per page
- $2.00 per document additional for certified copy