45-38-81.40
Section 45-38-81.40 Purpose. This subpart shall only apply in Lamar County. The purpose of
this subpart is to facilitate the use of public records in property transactions in Lamar
County by providing for the installation of an improved system of indexing and recording of
instruments and documents affecting the title to real and personal property that are recorded
in the office of the judge of probate and for the indexing and recording of other instruments,
documents, and other use in the discretion of the judge of probate. (Act 93-491, p. 785, §1.)...

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45-20-83.21
Section 45-20-83.21 Definitions. The following words and phrases, including the plural of any
thereof, whenever used in this subpart, shall have the following respective meanings: (1)
GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal
property as well as real property. (2) IMPROVED INDEXING SYSTEM. A system of indexing real
property instruments and personal property instruments in the probate office and, in the discretion
of the judge of probate, of indexing other instruments and documents, which system when completed,
shall consist of equipment necessary and suitable to prepare and index records. (3) PERSONAL
PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only,
as distinguished from real property, that may be now or hereafter titled for record in the
probate office, in accordance with the applicable requirements of the law of this state, including
and particularly Sections 35-4-50 and 35-4-90. (4) REAL...
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45-30-82.26
Section 45-30-82.26 Special recording fee - Real property, personal property, and UCC instruments.
Effective September 16, 1997, a special recording and filing fee of five dollars ($5) shall
be paid to and collected by its judge of probate, with respect to each real property instrument,
each personal property instrument, and each UCC filing that may be filed for record in the
office of judge of probate and with respect to other instruments and documents in the probate
office at the discretion of the judge of probate and on and after that date, no instrument
or document shall be received for record in the office of the judge of probate unless the
special recording fee of five dollars ($5) is paid thereon. The special recording fee shall
be in addition to all other fees, taxes, and charges required by law to be paid upon the filing
for record of any real property instrument, personal property instrument, or UCC filing, and
for the recording of other instruments and documents in the...
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45-36-83.41
Section 45-36-83.41 Definitions. The following words and phrases, including the plural of any
thereof, whenever used in this subpart, shall have the following respective meanings: (1)
GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal
property as well as real property. (2) IMPROVED INDEXING SYSTEM. A system of indexing real
property instruments and personal property instruments in the probate office and, at the discretion
of the judge of probate, of indexing other instruments and documents, which system when completed,
shall consist of the equipment necessary and suitable to prepare and index records. (3) PERSONAL
PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only,
as distinguished from real property, that may be now or hereafter titled for record in the
probate office, in accordance with the applicable requirements of the law of this state, including
and particularly Sections 34-4-50 and 35-4-90. (4)...
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45-41-84.01
Section 45-41-84.01 Definitions. The following words and phrases, including the plural of any
thereof, whenever used in this part, shall have the following respective meanings: (1) GENERAL
PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property
as well as real property. (2) IMPROVED INDEXING SYSTEM. A system of indexing real property
instruments and personal property instruments in the probate office and, in the discretion
of the judge of probate, of indexing other instruments and documents, which system when completed,
shall consist of the equipment necessary and suitable to prepare and index records. (3) PERSONAL
PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only,
as distinguished from real property, that may be now or hereafter titled for record in the
probate office, in accordance with the applicable requirements of the law of this state, including
and particularly Sections 34-4-50 and 34-4-90. (4) REAL...
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45-44-84.47
Section 45-44-84.47 Special recording fee - Real property, personal property, and UCC instruments.
Effective immediately after July 1, 1997, a special recording and filing fee of five dollars
($5) shall be paid to and collected by the judge of probate, with respect to each real property
instrument, each personal property instrument, and each UCC statement that may be filed for
record in the office of the judge of probate and with respect to other instruments and documents
in the probate office, at the discretion of the judge of probate. On and after July 1, 1997,
no instrument or document shall be received for record in the office of the judge of probate
unless the special recording fee of five dollars ($5) is paid thereon. The special recording
fee shall be in addition to all other fees, taxes, and charges required by law to be paid
upon the filing for record of any real property instrument, personal property instrument,
or UCC statement, and for the recording of other instruments and...
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45-29-83.48
Section 45-29-83.48 Disposition of funds. All special recording and indexing fees so collected
shall be paid into a special fund of the Fayette County Commission. These funds shall be used
at the discretion of the judge of probate and the county commission for an improved recording
and indexing system and other equipment, maintenance, services, and personnel necessary for
the improvement of the office of the judge of probate. Following the effective installation
date, real property instruments, personal property instruments, and other documents and records
provided herein to be indexed with computer-generated indexes to be filed in binders, shall
constitute the official record of such instruments for the purposes of Section 12-13-43. (Act
86-309, p. 458, §9.)...
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45-29-83.47
Section 45-29-83.47 Special recording and indexing fees. (a) A special recording and indexing
fee of five dollars ($5) shall be paid to the county and collected by the judge of probate
with respect to each: (1) Case filed in the probate court. (2) Real property interest instrument,
personal property instrument, incorporation, notary bond, or name change filed for record
in the office of the judge of probate. (3) Marriage license issued by, or marriage ceremony
performed by, the judge of probate. (b) After August 1, 2013, no case may be filed in the
probate court, no real property instrument, personal property instrument, incorporation, notary
bond, or name change may be filed for record in the office of judge of probate, and no marriage
license may be issued by or marriage ceremony performed by the judge of probate unless the
special recording and indexing fee is paid. The special recording and indexing fee is in addition
to all other fees, taxes, and other charges required to be paid...
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45-23-83.06
Section 45-23-83.06 Recording and filing fee. Effective May 2, 1996, a special recording and
filing fee of five dollars ($5) shall be paid to and collected by its judge of probate, with
respect to each real property instrument, each personal property instrument, and DCC that
may be filed for record in the office of the judge of probate and with respect to other instruments
and documents in the probate office at the discretion of the judge of probate and on and after
such date, no instrument and/or document shall be received for record in the office of the
judge of probate unless the special recording fee of five dollars ($5) is paid thereon. The
special recording fee shall be in addition to all other fees, taxes, and charges required
by law to be paid upon the filing for record of any real property instrument, personal property
instrument, or DCC, and for the recording of other instruments and documents in the probate
office at the discretion of the judge of probate. Any, all, or none...
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45-5-82.30
Section 45-5-82.30 Special recording fee. On and after July 22, 1987, a special recording fee
of two dollars ($2) shall be paid to the county, and collected by its judge or probate, with
respect to each real property instrument and each personal property instrument that may be
filed for record in the office of the judge of probate and for the recording of other instruments
and documents in the probate office, and on and after such date no such instrument shall be
received for record in the office of the judge of probate unless the special recording fee
of two dollars ($2) is paid thereon. The special recording fee shall be in addition to all
other fees, taxes, and other charges required by law to be paid upon the filing for record
of any real property instrument or personal property instrument, and for the recording of
other instruments and documents in the probate office at the discretion of the governing body
of the county. All special recording fees so collected shall be deposited...
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