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

Last validated June 17, 2026 by our Forms Development Team

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

Franklin 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 5/27/2026
Franklin County Guidelines for Limited Power of Attorney

Franklin County Guidelines for Limited Power of Attorney

Line by line guide explaining every blank on the form.

Document Last Validated 5/21/2026
Franklin County Completed Example of the Limited Power of Attorney

Franklin County Completed Example of the Limited Power of Attorney

Example of a properly completed form for reference.

Document Last Validated 6/17/2026

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Franklin County Probate Office

Address:
410 N Jackson Ave / PO Box 70
Russellville, Alabama 35653

Hours: 8:00 to 5:00 M-F

Phone: (256) 332-8801

Recording Tips for Franklin County:
  • Double-check legal descriptions match your existing deed
  • Make copies of your documents before recording - keep originals safe
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs

Cities and Jurisdictions in Franklin County

Properties in any of these areas use Franklin County forms:

  • Hodges
  • Phil Campbell
  • Red Bay
  • Russellville
  • Spruce Pine
  • Vina

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Franklin County

How do I get my forms?

Forms are available for immediate download after payment. The Franklin 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 Franklin County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Franklin 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 Franklin 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 Franklin County?

Recording fees in Franklin County vary. Contact the recorder's office at (256) 332-8801 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 Franklin 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 Franklin County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Franklin 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 Franklin 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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September 18th, 2022

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June 18th, 2021

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March 8th, 2019

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William S C.

June 11th, 2021

The Lady Bird Deed appears to be fine with me as are the instructions. However, there apparently are no specific laws in Texas addressing them other than they are OK. The problem is that lenders are surely going to use them as triggers for their due on sale clauses, especially as the current small mortgage rates begin to increase. The solution to that seems to be to sign and have them notarized, but not to record them unless the holder needs to enforce the provisions. It seems to me that you should consider your solution to that problem in your instructions.

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Tracy M.

July 9th, 2020

The form is easy to use. However, the quit claim deed form seems to be for parcel of land, because the word "real property" is not in the form.

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randy j.

December 15th, 2018

the deed format and fill-in language are very specific to one type of easement and are not generally applicable to any other type; in other words it is not useful in a majority of situations and i would recommend against purchase unless you are creating an easement for an appurtenant landowner ONLY

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Melody P.

November 10th, 2021

Great service, as always!!

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John K.

December 28th, 2020

The sample completed form was a big help. While not exactly on point with my situation, it was enough to help me complete it on my own

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May 15th, 2020

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June 2nd, 2022

ALL I CAN SAY IS WOW. I AM SO GLAD THAT SOMEONE THOUGHT OF THIS OPROCESS FOR NON-TITLE COMPANIES, SMALL COMPANIES, ETC. I REALLY APPRECIATED THE SERVICE WHEN I RECORDED MY FIRST SET OF DOCS HERE. THEY WERE A MESS AND I HAD A LOT OF QUESTIONS. AGAIN THANK YOU!

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Marissa M.

May 6th, 2026

I bought the Quitclaim deed and it was perfect to record at the courthouse

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June 5th, 2019

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