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The Probate Office is responsible for recording and maintaining real property records in Madison County.
Recording Fees
Imaging Fee $10.00
Per Page $2.50
Filing Fee $1.00
Microfilm $0.25
Mental Health Fee $12.00
TOTAL: $25.75 for first page; $2.50 per each additional page
DEED TAX is .50 per $500, or $1.00 per $1000.00 based on the appraised value or purchase price (a minimum of .50 must be paid if 100% financed)
RT-1 Real Estate Sales Validation form must be completed and accompany all deeds unless information contained in the RT-1 form is incorporated into the deed. An additional $2.50 page fee will be charged for the recording of this form. This form is available under county's forms tab. This RT-1 form does not apply to correction deeds.
MORTGAGE TAX is .15 per $100.00 or $1.50 per $1000.00 of amount financed.
Mortgage tax is to be rounded UP to the next highest $100.00 on a fraction thereof; i.e. $24,550 would be rounded up to $24,600 x .0015.
Mortgages and deeds to exempt entities are SUBJECT to an additional .50 no tax stamp fee.
DEEDS AND MORTGAGES FILED SIMULTANEOUSLY: The tax is paid on the deed in the amount of the down payment or equity. If the total purchase price is financed in the mortgage, then the DEED TAX is a minimum of .50. If a deed is filed with a tax-exempt mortgage, DEED TAX is based on the purchase price or appraised value.
MISCELLANEOUS DOCUMENTS: Releases, Assignments, Affidavits, Certificate of Judgment, Liens, Powers of Attorney, etc.
Please use the above basic recording fees as shown for deeds and mortgages
NOTE: If a document is executed by more than two parties (i.e. grantor, grantee, mortgagor, mortgagee) you must add $1.00 for each additional name above two to the recording fees. This includes a/k/a, d/b/a and f/k/a names, partners of partnerships, and members of LLCs. We do not index anything after the word "successor in interest". We do not charge for attorney in fact.
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 Probate Judge requires the original copy of a document in order to record it. Copies are accepted only if they have been certified by another court system.
* Documents should be submitted on 8.5 x 11 inch paper. Black or blue ink should be used, with a minimum font size of 10 point.
* The first page should have a 3 x 3 blank area in the top right corner. All other margins on the first page and on subsequent pages should be a minimum of 1 inch.
* If a notary seal or stamp is not present, two witnesses are required.
* Printed names should be beneath all signatures in the document.
* The instrument should give the grantee's name and address, or the address to where future tax statements should be sent.
* All documents must show the name and address of the individual who prepared it. This can be given in the following format: "This instrument was prepared by NAME and ADDRESS."
* The marital status of the grantor(s) in deeds and mortgages must be shown on the document.
* Instruments should include a legal description of the real property by metes and bounds. If a plat is referenced, it should be attached to the instrument, or the instrument should describe the plat book and office in which it can be found.
The Real Estate Sales Validation Form must be filed in accordance with Code of Alabama 1975, Section 40-22-1.