MAINTAINING RECORDS
The Probate Judge is required to preserve all documents, files, papers, and orders, together with all attachments required by law to be recorded and filed in the Probate Office. These records must be kept in a manner to permit convenient retrieval.
The following records when executed in accordance with law shall be admitted to record in the office of the Probate Judge:
- Plats or maps;
- Judgments and liens;
- Deeds, mortgages, deeds of trust, bills of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property;
- Petitions, decrees, or orders of bankruptcy;
- Lis pendens;
- Marriage contracts and military discharges;
- Documents and instruments concerning condominiums;
- Mortgages on personal property
| FEES | |
|
Mortgage Tax (round up to next $100) |
$ .15 per $100 |
|
Deed Tax (round up to the next $500; include note stating the consideration or purchase price) |
$ .50 per $500 |
|
Minimum Deed Tax (only if deed is to perfect title and must be stated on deed as such) |
$1.00 |
| Recording Fee, first page | $15.50 |
| Additional Pages | $3.50 each |
| Extra Indexes or References | $1.00 per name after four |
| Copies | $1.00 per page |
| Certification Fee | $3.00 per instrument plus $1.00 per page |
NOTE
- Documents that have been unnecessarily stapled and large packages that have been folded are sometimes difficult to process and may be damaged by the scanner. Please send larger packages in flat envelopes.
- Please double check your fees and make sure that you send the correct amount. Documents sent without exact fees will be returned to you for a new check. Due to the high number of incorrect fees we receive each day, we cannot stop and call about them.
- Multiple documents need to be separated by paperclips or staples; we cannot be responsible for determining where one ends and another begins. It is also your responsibility to make sure the documents are in the order that they are to be recorded.
- When filing deeds, you must tell us the full purchase price or value of the property. Completed Real Estate Sales Validation Form must be attached or all required relevant information must be included in the document. We cannot assume how much deed tax is due and if your filing fees are correct based only on the money sent.
- Separate checks are also required for UCC filings.
- We do not stamp copies, please do not send them. Please do not send copies in binders.
- All instruments must state the name and address of the preparer.
- Documents being hand delivered need to be in the office by 4:30 PM. Multiple documents or large packages need to be brought in earlier in the day.
Business Filing Update
Pursuant to Act 2020-73, effective January 1, 2021, all corporate filings will be filed directly through the Secretary of State’s Office and not through the county Probate Office. Corporate filings include formations, amendments, and dissolutions. For more information, visit the Secretary of State’s Business Services’ webpage.
If you have any questions, or need assistance in calculating fees, then please call us at (256) 362-4175, and we will be glad to assist you so that your documents can be recorded without unnecessary delays.
We ask that you send a self-addressed, stamped return envelope for returning all mailed documents. Recorded originals will not be returned to you if no envelope is sent. Please provide a return envelope large enough to hold the documents.