Choctaw County Limited Power of Attorney for the Purchase of Real Property Form

Last validated April 21, 2026 by our Forms Development Team

Choctaw County Limited Power of Attorney for the Purchase of Property Form

Choctaw County Limited Power of Attorney for the Purchase of Property Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 3/30/2026
Choctaw County Guidelines for Limited Power of Attorney

Choctaw County Guidelines for Limited Power of Attorney

Line by line guide explaining every blank on the form.

Document Last Validated 3/2/2026
Choctaw County Completed Example of the Limited Power of Attorney

Choctaw County Completed Example of the Limited Power of Attorney

Example of a properly completed form for reference.

Document Last Validated 4/21/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Choctaw County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Choctaw Probate Office

Address:
County Courthouse - 117 South Mullberry St
Butler, Alabama 36904-2557

Hours: 8:00 to 4:30 M-F

Phone: (205) 459-2414

Recording Tips for Choctaw County:
  • Bring your driver's license or state-issued photo ID
  • White-out or correction fluid may cause rejection
  • Request a receipt showing your recording numbers
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs

Cities and Jurisdictions in Choctaw County

Properties in any of these areas use Choctaw County forms:

  • Butler
  • Gilbertown
  • Jachin
  • Lisman
  • Melvin
  • Needham
  • Pennington
  • Silas
  • Toxey
  • Ward

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Choctaw County

How do I get my forms?

Forms are available for immediate download after payment. The Choctaw County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Choctaw County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Choctaw County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Choctaw County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Choctaw County?

Recording fees in Choctaw County vary. Contact the recorder's office at (205) 459-2414 for current fees.

Questions answered? Let's get started!

Alabama's Limited Power of Attorney for the Purchase of Real Property allows a principal to authorize an agent to complete a specific real estate acquisition on their behalf without granting broad, open-ended authority. Alabama law governs these instruments under the Alabama Uniform Power of Attorney Act (Alabama Code §26-1A-101 et seq.), which took effect January 1, 2012, and imposes execution requirements that are stricter than those in many other states — including a mandatory two-witness requirement on top of notarization. Because the form is drafted for purchase transactions only, the agent's authority is confined to the closing and the documents necessary to complete it, and the principal sets an explicit expiration date at the time of signing.

What the Alabama Limited Power of Attorney for Purchase Does

This form empowers a named agent to execute, on the principal's behalf, the full range of documents a real estate purchase requires: contracts of sale, deeds, mortgages, promissory notes, settlement statements, affidavits, and related closing instruments. The authority is limited to the identified purchase transaction and terminates on the expiration date the principal specifies. The form is drafted as a durable power of attorney, meaning it remains valid even if the principal becomes disabled, incompetent, or incapacitated before the closing date — a distinction governed by §26-1A-104 and one that matters when closings are delayed for medical or logistical reasons.

Execution Requirements Under Alabama Law

Alabama's execution standard for a power of attorney used in a real estate transaction goes beyond what most other states require. Under §26-1A-105, the principal must sign the document — or direct another adult to sign it in the principal's presence — and the signature must be both notarized and witnessed by two adult witnesses. Both witnesses must observe the principal's signature at the time of signing. This two-witness-plus-notary requirement differs from states that accept notarization alone, and a document executed without both witnesses will not be accepted for recording or honored by a title company at closing.

  • Principal signature in the presence of a notary public authorized to act in Alabama
  • Two adult witnesses, both present at the time the principal signs
  • Notarial acknowledgment confirming the principal signed voluntarily and with apparent capacity

An agent who is also a witness creates a conflict that may render the document ineffective. The two witnesses should be disinterested adults with no beneficial interest in the transaction.

Alabama-Specific Traps That Can Derail a Closing

Homestead and Spousal Consent

Alabama's homestead protections (Alabama Constitution, Article X, §205) extend to real property purchases in situations where the property being acquired will become or is adjacent to a homestead. More directly, if the principal owns a homestead and the transaction involves encumbering or conveying any interest in it, the non-owning spouse must separately consent. Title companies and lenders in Alabama routinely require both spouses to execute mortgage and deed documents at closing — an agent acting under a unilateral POA may not be able to satisfy that requirement without specific spousal authorization or the spouse's direct execution. Principals who are married should account for this before the closing date.

Recording at the Probate Court, Not a Recorder's Office

Alabama does not use a county recorder's office for real estate instruments. Deeds, mortgages, and related documents — including powers of attorney used in real estate transactions — are filed with the Office of the Judge of Probate in the county where the property is located. This distinction matters practically: parties accustomed to recording in other states sometimes submit documents to the wrong office, causing recording delays that can affect lien priority or closing deadlines. For the agent's authority to be recognized and for any deed or mortgage the agent executes to be recordable, the POA itself should be recorded with the Probate Court before or at the time of closing.

Agent Identity Requirements at Closing

When an agent executes closing documents under a POA in Alabama, the agent must sign in a form that identifies both the principal and the agent — for example, "Jane Doe, as Attorney-in-Fact for John Doe." Signing only in the principal's name without disclosing the agency relationship can expose the agent to personal liability and may cause title issues if the agency relationship is later disputed. Title underwriters in Alabama increasingly require the agent to present a certified copy of the recorded POA at closing.

Expiration Date Precision

Because this is a limited POA with a principal-set expiration date, the date must be specific and must be set far enough in advance to cover realistic closing delays. A POA that expires before all closing documents are executed and recorded leaves the agent without authority mid-transaction. Alabama's POA Act does not provide for automatic extensions, so if the closing is rescheduled beyond the expiration date, a new instrument is required.

Durability Language Must Appear in the Document

For the POA to remain effective if the principal becomes incapacitated, the document must contain the specific language required by §26-1A-104. A power of attorney that omits durability language terminates automatically upon the principal's incapacity. This form includes the required durable language — but principals using other forms should verify its presence.

Recording the Power of Attorney

Recording the POA with the Judge of Probate in the county where the property is located is essential for the transaction to proceed without title objections. Alabama's recording statute (§35-4-90) protects subsequent purchasers and encumbrancers without notice, and an unrecorded POA can create gaps in the chain of title for any deed or mortgage the agent executes. Recording fees are set by each county probate office; the principal or agent should confirm the current fee schedule directly with the Probate Court before recording. Alabama imposes a deed tax on recorded conveyances, but the POA itself is not a conveyance and is not subject to deed tax — that obligation falls on the deed executed under it.

Agent's Duties and Limitations

Under Alabama Code §26-1A-301 through §26-1A-308, the agent is a fiduciary. The agent must act solely in the principal's interest, keep the principal's assets and funds separate from the agent's own, maintain accurate records of all actions taken under the POA, and avoid self-dealing or conflicts of interest. The authority under this limited form does not extend beyond the specific purchase transaction — the agent cannot use the POA to sell property, encumber unrelated assets, or take any action outside the identified closing.

What Is Included in the Download Package

The download includes the Alabama Limited Power of Attorney for the Purchase of Real Property, a completed example showing how the form should be filled out, and a guide explaining each field and the requirements for valid execution and recording in Alabama. The forms are prepared by Deeds.com's forms development team and are designed for use in Alabama counties. The package is available immediately after purchase.

Important: Your property must be located in Choctaw County to use these forms. Documents should be recorded at the office below.

This Limited Power of Attorney for the Purchase of Real Property meets all recording requirements specific to Choctaw County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Choctaw County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Choctaw County Limited Power of Attorney for the Purchase of Real Property form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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February 22nd, 2023

Deeds.com is a quick and effective way at finding property deeds. I had the results I needed in a couple hours without having to miss work to get to the clerks office, which is well worth the price of the service.

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September 29th, 2021

Your website worked but I am waiting for answers for two questions.

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February 10th, 2019

little expensive same document in other county is free. however quite fast in responding. and just what i needed.

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February 11th, 2022

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May 27th, 2020

This was one of the most simple but efficient process. Walked me thru every step. Total process was less than 2 weeks.

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April 15th, 2023

Easy and effective...surely saved hundreds by avoiding a lawyer.

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Brends I.

April 17th, 2026

I had a problem because I was using a phone, so had to get my daughter to request again in her name so it went to her computer..but eventually got it printed

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Charlotte H.

July 16th, 2022

Easy to use and download. Everything we needed with a guide for accuracy.

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Alberta P.

April 14th, 2019

form was east to use...instructions came in handy.

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Charles G.

August 14th, 2022

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Karen H.

April 6th, 2024

Saves a trip to the Recorders Office!

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Anita M W.

May 17th, 2023

This process is outstanding, and it saved the hassle of going downtown and dealing with traffic.

Reply from Staff

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Thomas D.

April 30th, 2020

The documents themselves are fine and the information provided with them is helpful. I find the actual processing of the documents, however, to be difficult particularly once the document has been saved. First, I note that the box for the date only allows entry of the last 2 digits of the year. Unfortunately, my download only allows me to enter one of the 2 digits required. When I delete it repeatedly, it eventually allows both digits to be entered but puts them in extremely small text and in superscrypt. I have not found a solution to this problem and am not sure the deed can even be recorded with this problem. Another problem is that if you try to revise the document after you have saved it the curser goes to the end of the line after each key entry. This means that there basically is no way to efficiently save the document for reworking later since you will have to delete everything you have entered in the text box unless you only need to make a single keystroke change or are willing to replace the curser after each entry. Try that with a long property description! Please note that I am using a Mac to prepare my documents and perhaps this is part of an "incompatibility problem". However, I didn't see a disclaimer regarding Mac use and so would expect the documents to perform correctly. Overall, I give the program a "2 star" rating because I am experiencing significant difficulties in entering dates in the documents even before saving them and because saving your work for later revision appears to be basically unworkable.

Reply from Staff

Thank you for your feedback Thomas, we appreciate you being specific about the issues you encountered. Adobe and Mac have a fairly long history of issues working together.

Rubin C.

July 19th, 2020

Very good forms and the online recording was a blessing.

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