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35-4-74
Section 35-4-74 Necessity for including plat or description of plat book, etc.; probate judge
not liable for good faith error. (a) No instrument, other than a will, purporting to create
or transfer any interest in land shall be accepted for record by a probate judge if such instrument
describes the land in which such interest is to be created or transferred by reference to
a plat and the plat is not attached to and made a part of the instrument or the instrument
does not describe the plat book and the office in which such plat book is to be found and
there is no description of the land by metes and bounds; provided, that this section shall
apply only to instruments executed subsequent to July 21, 1972; provided further, that where,
prior to July 21, 1972, any person has received a conveyance of land, or any interest therein,
in which the land is described by reference to a plat which is not recorded and which is not
available to him, this section shall not apply if the grantor or...
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40-20-36
Section 40-20-36 How exemption obtained upon existing interests. Application for such exemption
upon existing interests shall be made to the probate judge of the county wherein the land
lies in which such interest is owned, by filing application in triplicate with the said judge,
which shall contain the following information: (1) Name of applicant; (2) Address of applicant;
(3) Complete description of land affected, including aggregate acreage; (4) Fractional interest
for which exemption is applied and nature of such interest; (5) Recording data concerning
the instrument creating the interest including grantor or lessor, grantee or lessee, date
of instrument, book and page of record, and date of filing; (6) Length of primary term; (7)
Recording data on instruments divesting original party of any interest, including subsequent
assignments thereof in a portion of original interest therein conveyed; (8) Number of mineral,
royalty or lease acres on which exemption sought; and (9) Amount...
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35-6-49
Section 35-6-49 Filing and recordation of application, etc.; record as evidence. The application,
commission, statement of the commissioners and plat and map must be filed in the office of
the judge of probate, and, together with all orders made by him, must be recorded in a book
kept by him for the record of conveyances of land, and when recorded, the record thereof shall
be presumptive evidence of the truth of any fact therein stated. (Code 1852, §2684; Code
1867, §3112; Code 1876, §3506; Code 1886, §3245; Code 1896, §3170; Code 1907, §5213;
Code 1923, §9313; Code 1940, T. 47, §202.)...
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45-28-84
Section 45-28-84 Filing fee for mental health program. (a) The Probate Judge of Etowah County
shall charge a fee of two dollars ($2) for filing for record or for recording each and every
instrument, paper, writing, document, or decree in his or her office, including each real
estate instrument, real estate mortgage, warranty deed, power of attorney, quitclaim deed,
judgment, timber deed, deed/executive deed, subordination agreement, agreement, land lease,
partial release/release, affidavit, official bond, plat, oath of office, bill of sale, custodian
bond, declaration of trust, financing statement, transfer, assignment, satisfaction, bond
of indemnity, declaration of vacation, lis pendens notice, order approving trustees bond,
and excerpts of minutes. This fee shall not apply to judicial matters filed in the probate
court section of the Probate Court of Etowah County nor shall the additional fee apply to
marriage licenses. (b) By the tenth of the month following collection, all funds...
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45-10-82.20
Section 45-10-82.20 Mental Health Fund; filing fees. (a) The Probate Judge of Cherokee County
will charge a fee of two dollars ($2) for filing for record or for recording each and every
instrument, paper, writing, document, or decree in his or her office, including, but not limited
to, each real estate, warranty deed, deed/executive deed, subordinate agreement, agreement,
land lease, partial release/release, affidavit, marriage license, official bond, plat, oath
of office, bill of sale, custodian bond, declaration of trust, transfer, assignment, satisfaction,
declaration of vacation, bond to indemnify, license pendens notice, order approving trustee
bond, and excerpts of minutes. (b) By the tenth of the month following collection, all funds
so collected shall be paid by the probate judge into the Treasury of Cherokee County and kept
in a fund to be designated the Mental Health Fund. Expenditures from the fund shall be for
the benefit and furtherance of the mental health program in...
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12-21-66
Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of
land. Any deed or written instrument for the conveyance or sale of land purchased or entered
at any land office of the United States in this state made or signed in or upon any book or
record of such office may be proved by a copy thereof, certified by the register of such land
office under his hand to be a correct copy, and such copy shall be received in all courts
and proceedings under the laws of this state and may be recorded in the office of the probate
judge of the county in which the land may be. A transcript of such record in the office of
the probate judge may be certified and used in the same manner and in the same cases as transcripts
of such records of original deeds may be. (Code 1867, §2692; Code 1876, §3044; Code 1886,
§2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)...
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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or release, affidavit, marriage license,
official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer,
assignment, satisfaction, declaration of vacation bond to indemnify, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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45-49-85
Section 45-49-85 Indexing system. (a) The following words, phrases, and terms including the
plural of any thereof, whenever used in this section, shall have the following respective
meanings: (1) CODE. The Code of Alabama, 1975, as amended. (2) COMPUTERIZED METHODS OF INDEXING.
The use of computer hardware and software to alphabetize, store, assemble, transmit electronically,
and generally prepare index information and shall include, but shall not be limited to, the
following: a. Display terminals used to enter, transmit, and retrieve index information for
specified periods. b. Computer speed printers used to prepare hard copy index books. c. Storage
of index information using disks, magnetic tape, cartridges, chips, or any other method approved
by the judge of probate. d. Computer processors to sort and alphabetize index information.
e. Any other computer techniques or equipment necessary for preparing the various indexes.
(3) COUNTY. Mobile County, Alabama. (4) GENERAL PROPERTY...
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40-10-15
Section 40-10-15 How sale made; duties of judge of probate. Such sales shall be made in front
of the door of the courthouse of the county at public outcry, to the highest bidder for cash,
between the hours of 10:00 A.M. and 4:00 P.M., and shall continue from day to day until all
the real estate embraced in the decree has been sold. The judge of probate must attend such
sales and make a record thereof in a book to be kept by him in his office for that purpose,
in which he shall describe each parcel of real estate sold and state to whom sold, the price
paid by the purchaser, the date of sale and, if no sale was effected, stating that fact, and
the reason thereof, and also in separate columns the amounts, as taken from the book or docket
in which the decrees are entered, of each kind of tax penalties and of the fees and costs
in each case, and he must also enter in such docket, in each case, the land sold under the
decree in that case, the purchaser thereof and the amount at which it was...
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