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Alabama · Ala. Code §§35-4-20, 35-4-90, 35-4-110Alabama deed requirements: signature, witness, preparer statement and recording with the probate judge

An Alabama conveyance of land must be written or printed and signed at its foot by the party or an agent with written authority, and its execution must be attested by one witness – or by two witnesses who can write when the party signs by mark or has another write the name (Ala. Code §35-4-20). The probate judge won't record an instrument conveying, encumbering or assigning real property unless it carries a printed, typed or stamped statement of the name and address of the individual who prepared it (§35-4-110). Conveyances are recorded in the office of the judge of probate of the county where the property is (§§35-4-50, 35-4-62(a)); deeds, mortgages, contracts and other documents conveying an interest, executed according to law, are admitted to record, and filing them is notice of their contents (§§35-4-51, 35-4-63). Deeds, mortgages and deeds of trust are void as to purchasers for value, mortgagees and judgment creditors without notice unless recorded before those rights accrue (§35-4-90(a)). An acknowledgment taken outside Alabama in the form of the place where it was signed, within the United States and verified by the officer's seal, has the same effect as an Alabama acknowledgment (§35-4-26(b)). A lease for more than 20 years is void for the excess unless it or a memorandum is acknowledged and recorded within one year after signing (§35-4-6).

The rules

  1. 1. Signing (§35-4-20)

    Written, signed at the foot; one attesting witness, two if signed by mark.

  2. 2. Preparer (§35-4-110)

    Name and address of the individual who prepared it, or the probate judge won't record it.

  3. 3. Where (§§35-4-50, 35-4-62)

    Judge of probate of the county where the property is.

  4. 4. Priority (§35-4-90)

    Unrecorded deeds and mortgages are void against later buyers, mortgagees and judgment creditors without notice.

  5. 5. Out-of-state signing (§35-4-26(b))

    An acknowledgment valid where taken, with the officer's seal, works in Alabama.

What the TC can do

  • Check the deed for the preparer's name and address before it goes to the probate judge.
  • Confirm the witness and acknowledgment blocks are complete, especially for a seller signing out of state.
  • Track recording with the probate judge right after closing – priority runs from recording.

Questions about Alabama deeds

Does an Alabama deed need a witness?

The statute requires the execution to be attested by one witness, or by two witnesses when the party signs by mark or has another write the name (Ala. Code §35-4-20).

Where is an Alabama deed recorded?

In the office of the judge of probate of the county where the property is located; the deed must show the name and address of the individual who prepared it (Ala. Code §§35-4-50, 35-4-62(a), 35-4-110).

Put the preparer statement check and the probate recording on the deal as tasks in ClosingCode.

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Source: Code of Alabama §§35-4-6, 35-4-20, 35-4-26, 35-4-50, 35-4-51, 35-4-62, 35-4-63, 35-4-90 and 35-4-110 (alison.legislature.state.al.us, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.