(a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge of probate as may be authorized or required by law:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alabama Code 12-19-90

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: means next after. See Alabama Code 1-1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) Probate of will of not more than five pages, whether contested or not, with three certified copies of letters and including final settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over five pages in length and for final settlements in excess of 10 pages in length shall be made ….. $45.00
(2) Grant of letters of administration with three certified copies of letters of administration and including final settlement when not more than 10 pages (when over 10 pages an additional charge of $3.00 per page) ….. 45.00
(3) Grant of letters of guardianship or conservatorship, three certified copies ….. 20.00
(4) Partial or final settlement of guardianship or conservatorship ….. 15.00
(5) Each additional certified copy of letters testamentary, letters of administration, or letters of guardianship or conservatorship ….. 3.00
(6) Proceedings in filing and granting petition of adoption, including one certified copy of decree for petitioner, one certified copy for the Department of Human Resources, and one copy to the State Bureau of Vital Statistics. (Fee shall apply to each child adopted) ….. 75.00
(7) Proceedings in legitimations, fee to apply to each child ….. 15.00
(8) Proceedings in change of name ….. 15.00
(9) Proceedings to set aside exemptions pursuant to Sections 43-8-110, 43-8-111, 43-8-112, and property and allowances; petition for relief by personal representative or interested person” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL” title=”43″>43-8-113….. 35.00
(b) Fees for services other than those specified in subsection (a) shall be:

(1) Filing petitions and other papers, each …. 3.00
(2) Docketing cause ….. 10.00
(3) Issuing each citation, summons, writ, execution for cost or other notice required by law ….. 3.00
(4) Issuing subpoenas to witnesses, each ….. 3.00
(5) Witnesses certificate ….. 3.00
(6) Order of publication ….. 3.00
(7) Posting order of publication, each ….. 3.00
(8) Notice by mail to creditor and heirs, each ….. 3.00
(9) Each notice not otherwise provided for ….. 3.00
(10) Issuing commission to take testimony ….. 10.00
(11) Entering returns of sheriff, printer, or commissioner, each ….. 3.00
(12) Appointment of guardian ad litem, special attorney, or administrator ad litem ….. 5.00
(13) Approving bonds ….. 10.00
(14) Presiding in noncontested cause or examining papers, pleadings, taking testimony, etc. ….. 10.00
(15) Presiding in contested cause, per day ….. 25.00
(16) Examining vouchers, each ….. 1.00
(17) Examining and entering decree or other order ….. 3.00
(18) Drafting decree ….. 10.00
(19) Each certificate with seal 3.00
(20) Each certificate without seal ….. 3.00
(21) Filing and docketing each claim ….. 3.00
(22) Filing and recording, including recording documents filed for record, irrespective of size type, per page ….. 3.00
(23) Filing and recording all oil, gas, mineral and/or coal leases, per page ….. 3.00
(24) If the instrument conveys any interest in real or personal property within this state and recites more than two grantors or grantees, mortgagors or mortgagees, lessors or lessees, transferors or transferees, assignors or assignees, buyers or sellers, or vendors or vendees, an additional fee for indexing each name in excess of two entered in the direct index or two entered in the reverse index ….. 1.00
(25) Copy of an instrument, per page ….. 1.00
(26) Each entry of an estray, to be paid by taker ….. 3.00
(27) Each record of a mark or brand ….. 3.00
(28) Filing and recording certificate of incorporation organized as a profit-making organization ….. 50.00
(29) Filing and recording certificate of incorporation organized as a nonprofit corporation ….. 15.00
(30) Each certificate given under Title 22 in relation to hospitals, diseases, infection, and quarantine ….. 3.00
(31) Each satisfaction of a mortgage ….. 3.00
(32) Issuing and recording marriage license ….. 10.00
(33) Celebrating rites of matrimony ….. 15.00
(34) Proceedings to correct record of marriage ….. 15.00
(35) Recording certificates of judgment ….. 3.00
(36) Administering oath for affidavit ….. 3.00
(37) Issuing writs of ad quod damnum for the erection of dams or public mills ….. 15.00
(38) Establishing facts of birth ….. 15.00
(39) Proceedings appointing notary public and recording ….. 15.00
(40) Hearing pertaining to mental illness ….. 25.00
(41) Restoration to capacity ….. 15.00
(42) Taking questions and answers and recording the same in proceedings to perpetuate testimony, per page ….. 5.00
(43) Trying and sealing weights and measures, for each weight and measure sealed, to be paid by the person for whom the service is performed ….. .50
(44) Fees on all sums paid to the probate judge as escheats, two percent of total amount.
(45) Recording or copying plats, for each lot contained therein, $1.00 per lot, but in no case more than $200.00 for one map, nor less than $15.00 for one map.
(46) Presiding over the county commission and keeping minutes of the county commission, for each day ….. 10.00
(47) For recording minutes and proceedings of the county commission, for each page or fraction thereof ….. 2.00
(48) Discharging his or her duties in relation to public roads, on proof to the county commission that he or she had discharged such duties, annually, to be paid out of the county treasury or, in the discretion of the county commission, to be paid out of the county gasoline tax fund, not exceeding ….. 400.00
(49) For certifying record on appeal under either Rule 10 (d) or (e) of the Alabama Rules of Appellate Procedure ….. 15.00
(50) All other official duties, for the compensation of which no express provision is made by law, such sum as may be allowed by the county commission to be paid out of the county treasury, not exceeding $500.00 per annum.
(51) Commissions on state and county licenses issued in the probate office, five percent on the amount collected and paid over.
(c) For any proceeding in the probate court or for receiving, keeping and paying out money or distributing money where there is no fee now allowed by law, the same fees shall be charged as are now allowed to the register in the circuit court as provided for in subdivision (3) of Section 12-19-71. Provided, however, for any proceeding under the equity power of the probate court the same fees shall be charged as are provided in this section.
(d) This section shall not repeal, amend nor affect any local law or general law of local application prescribing fees for judges of probate.
(e) The increases provided in subsections (a) and (b) by Act 2000-108 shall not apply to counties in Category 2 as defined in Section 11-2A-1 or to Cullman County.
  Previous section
Next section  
 Division 3 Contents