Recording a deed in Shelby County, Alabama

Recording a deed in Shelby County

Deeds affecting property in Shelby County, Alabama are recorded with the Office of the Judge of Probate. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from Ala. Code § 35-4-50. Deeds themselves are governed by Ala. Code § 35-4-20.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• Any transfer tax payment or exemption statement the office asks for.
• Payment for the recording fee, about $16 for the first page and roughly $3 per additional page. Many offices do not take personal checks.

Formatting

• Alabama has no statewide format statute. Probate offices ask for a blank space in the top right corner of page one for the recording stamp: 3 × 3 inches in Tuscaloosa and Houston counties, and 2½ × 2½ inches in Mobile County, which adds a page and a $2.50 fee when the space is missing. Deedly leaves the top 3 inches of page one blank, which covers all of them.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the Office of the Judge of Probate in Columbiana. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.