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The Probate Office is responsible for recording and maintaining real property records in Henry County.
Recording Fees
Transaction Fee on all instruments filed for record $5.00
Recording Fees for documents filed for recording irrespective of size type First Page is $6.00 and each Additional Page is $3.00
An Additional Fee for indexing each Name, in excess of two entered in the direct index or excess of two entered in the reverse index, includes each name more than two Grantors or Grantees, Mortgagors or Mortgagees, Lessors or Lessees, Transferors or Transferees, Assignors or Assignors or Assignees, Buyers or Sellers, Vendors or Vendees: $1.00 Per Name.
Deed Tax: $0 - $500.00 = $ .50 or up to $500.01 - $1000.00 = $1.00 or Fraction Thereof.
Mortgage Tax per $100.00 = $ .15 or Per $1000.00 =$1.50 or Fraction Thereof.
Plats- Per Map $33.00.
Claims Against Estate Fee -- $14.00 and additional pages at $3.00 per page
Releasing Claims Against Estate Fee -- $14.00 and additional pages at $3.00 per page.
Power of Attorney (POA): One page is $13.00 and each additional page is $3.00
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
* Instrument prepared by: Instrument must show the name and address of the preparer. This can be done in the following format: 'This instrument prepared by NAME and ADDRESS.'
* The marital status of grantors or mortgagors is required to be given on all real property documents.
* The complete name and address of the grantee is required to be given on documents.
* A complete legal description of the real property, including plat book or the section, township, and range should be given. Any instrument attempting to transfer any interest in land will not be recorded if the instrument describes the land by reference to a plat but does not have the plat attached to the instrument or if the instrument does not describe the plat book or office in which it is located.
* Documents containing multiple pages should not be stapled.
* Originals or certified copies can be submitted.
* All documents of conveyance need to be in writing, attested by two witnesses, and signed by the contracting party or his agent. If he is unable to sign his name, it may be written for him with the words 'his mark' written next to his name.
The Real Estate Sales Validation Form must be filed in accordance with Code of Alabama 1975, Section 40-22-1.