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The Probate Office is responsible for recording and maintaining real property records in Clay County.
Recording Fees
For recording, indexing and filing any instrument 14 x 8.5:
Fee
a. First page......$10.00
b. Each additional page or fraction thereof....$8.50
c. For indexing instruments recorded in the Official Records which contain more than four names, per additional name....$1.00
Copy and Certification fees
For making copies by photographic process of any instrument in the public records:
Fee
Pages of not more than 14 inches by 8- inches, per page........$1.00
For certifying copies of any instrument in the public records........$2.00
Pages more than 14 inches by 8- inches, per page .......$5.00
Copy of BCC meetings on video.......$5.00
Lis Pendens
For recording and indexing:
Fee
First page or fraction thereof....$5.00
Each additional page or fraction thereof.....$4.00
Indexing per additional name after the first 4.............$1.00
Documentary Stamps
Deeds: Documentary stamps must be placed on any deed or other like instrument conveying any interest in real property (land) at the rate of 70 cents per $100.00 property valuation, rounded up to the next highest hundred dollars.
Mortgages: Mortgage Modifications: Documentary stamps must be placed on these instruments at the rate of 35 cents per $100.00 consideration.
Agreements and Contracts for Deeds: same as above on Mortgage amount AND Documentary Stamps at 70 cents per $100.00 on purchase price (just as if a deed were being recorded, this will NOT have to be paid again when the deed is recorded)
Intangible Tax Requirements
This tax applies to notes, bonds or other obligation for payment of money secured by a mortgage or deed of trust (or other instrument of similar nature having the effect of a mortgage upon real property). These documents are taxed at the rate of 20 cents per $100.00 consideration. This stamp is computed to the nearest cent.
County recording fees are subject to change without notice. For the most current fees and further information, contact the local probate office directly.
Document Formatting Requirements
* The name and address of the grantee(s) must be included within the body of the instrument.
* The marital status of the grantor must be given for documents of conveyance.
* The name and address of the person who prepared the document must be listed. This can be given as follows: 'This instrument prepared by NAME and ADDRESS.'
* Originals or certified copies are accepted for recording.
* All documents of conveyance should be in writing, attested by two witnesses, and signed by the contracting party or his agent. If he is unable to sign his name, it may be written for him with the words 'his mark' written next to the name.
* Any instrument attempting to transfer any interest in land will not be recorded if the instrument describes the land by reference to a plat but does not have the plat attached to the instrument or if the instrument does not describe the plat book or office in which it is located. There must also be a legal description of the land by metes and bounds.
Deed and Mortgage Recording
Documents to be recorded at the Probate Judge's Office may be brought in person or sent through the mail. Documents brought in person will be processed at that time and returned to the customer. Documents through the mail will be processed and mailed out within 2 to 3 business days.
The Real Estate Sales Validation Form must be filed in accordance with Code of Alabama 1975, Section 40-22-1.
Please mail all documents to:
Clay County Probate Office
Attn: Recording Department
P.O. Box 1120
Ashland, AL 36251