Recording

The Probate Judge is required to preserve all documents, files, papers, and orders together with attachments required by law to be recorded and filed in his/her office. These records must be kept in a manner to permit convenient reference.

Vault Records

Marriages 1882 to the present.

Deeds 1822 to the present.

Mortgages 1912 to present.

Probate Court 1839 to the present.

Newspapers 1867 to the present.

Instruments to be recorded

Probate Judges must keep large and well-bound books for recording, word for word, deeds and mortgages and all other instruments authorized to be recorded. These records are kept on microfilm or imaging systems in some counties.

The following records when executed in accordance with the law shall be admitted to record in the office of the Probate Judge:

Plats or maps

Judgments’ and liens

Deeds, mortgage’s, deeds of trust, bill of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property, all assignments of mortgages.

Petitions, decrees, or orders of bankruptcy.

Corporations and other forms of business organizations.

Marriage licenses and military discharges

Documents and instruments concerning condominiums.

Mortgages on personal property.(Information above was gathered from Alabama Law Institute pamphlet 2001)

Henry County Probate Office Recording Fees

Transaction Fee on all instruments filed for recording $5.00

Recording Fees for document filed for recording irrespective of size type First Page $6.00 and each Additional Page $3.00

An Additional Fee for indexing each Name, in excess of two entered in the direct index or excess of two entered in the reverse index, includes each name more than two Grantors or Grantees, Mortgagors or Mortgagees, Lessors or Lessees, Transferors or Transferees, Assignors or Assignors or Assignees, Buyers or Sellers, Vendors or Vendees: $1.00 Per Name.

Deed Tax per $500.00 = $ .50 or Per $1,000.00 = $1.00 or Fraction Thereof.

Mortgage Tax per $100.00 = $ .15 or Per $1000.00 =$1.50 or Fraction Thereof.

Plats- Per Map $33.00.

Notary Public- Appointment for 4 years $32.00

Articles of Incorporation for profit: Henry County Probate $58.00 and Secretary of State Fee $100.00.

Articles of Incorporation for Non-Profit: Henry County Probate Fee- $58.00 and Secretary of State Fee $100.00

Limited Liability Corporation: Henry County Probate Fee- $58.00 and Secretary of State Fee $100.00.

Claims Against Estate Fee – $8.00 and to Release the Claim $8.00

Any other questions or concerns about the above information contact recording department at (334) 585-3257 Monday through Friday 8:00am to 4:30pm