Elmore County Judge of Probate: Estates, Deeds, and Marriage

The Elmore County Judge of Probate is Jason Britt, and his office at 100 E. Commerce Street in Wetumpka is where county residents go to probate a will, record a deed, file a marriage certificate, change a name, open a guardianship, or deal with an involuntary commitment hearing. The office also plays a central role in running local elections. The main number is (334) 567-1140.¹

Britt holds the position by popular election, confirmed in the Alabama Secretary of State’s 2026 election records.² The job combines judicial duties, like presiding over contested hearings, with administrative ones, like keeping the county’s land records and overseeing poll worker assignments.

Probating a Will or Opening an Estate

When someone dies owning property in Elmore County, the estate usually passes through this office. If there’s a will, the named executor files a petition asking the court to recognize it. If there’s no will, a family member or other interested person petitions to be appointed administrator.

To open an estate you generally need the original will (if one exists), a certified copy of the death certificate, and a petition listing the names, ages, addresses, and relationships of all known heirs. The Alabama Unified Judicial System provides standardized forms, and the petition requires original signatures. Call the probate office for current filing fees, which vary by case type and complexity.¹

Whether a Bond Is Required

Alabama generally requires an executor or administrator to post a bond equal to the value of estate assets in their control plus one year of estimated income. The bond protects beneficiaries and creditors from mishandling. A will can waive the bond, and when it does, none is needed unless someone with a financial interest in the estate shows the court their share is at risk, or the court decides on its own that the estate is likely to be wasted.³

Small Estates

Not every estate needs full probate. Alabama’s summary distribution process lets qualifying small estates skip the appointment of a personal representative. An heir or other authorized person files a verified petition listing the personal property, the heirs, and confirmation that funeral expenses and known debts have been paid or arranged. A self-proved will, if one exists, has to accompany the petition. No bond is required.⁴ The dollar threshold for a “small estate” is set by a separate statute and adjusted periodically for inflation; call the probate office for the current figure.

Recording Deeds, Mortgages, and Other Property Documents

The probate judge keeps the official repository of land and property records for Elmore County. Deeds, mortgages, lien releases, and judgments affecting real property within the county are recorded and indexed here. The office maintains an online searchable database, but the physical records stay in Wetumpka.

Before the office will accept a document, it has to meet a specific statutory requirement: any instrument conveying, encumbering, or otherwise affecting title to real property must include a printed, typewritten, or stamped statement showing the name and address of the person who prepared the document. If a printed form is used, the preparer is whoever filled in the blanks. Without that information the probate judge cannot record the instrument.⁵ Documents also need proper notarization, valid signatures, and a legal description of the property.

Recording fees follow a per-page structure. Under the most recent published schedule, a single-page document is $4.00, plus a $6.00 indexing and recording fee per document. Documents longer than one page run $3.00 per page plus the $6.00 indexing fee. Deeds carry a deed tax of $1.00 per $1,000 of value, and mortgages carry a mortgage tax of $1.50 per $1,000. Fees for releases, assignments, and other instruments vary. Confirm the current schedule with the office before you submit.

Getting Married in Alabama

Alabama eliminated traditional marriage licenses in 2019. Couples no longer apply for a license or appear before a judge. Instead, both parties complete a marriage certificate form and each signs a notarized affidavit declaring they are at least 18 (or at least 16 with parental consent), not currently married, legally competent, not closely related by blood or adoption, and entering the marriage voluntarily.⁶

The marriage is legally valid on the date both parties sign. The completed document then has to be recorded at the Elmore County Probate Office within 30 days of the last signature to be entered into the state’s official records.⁶ The standard form is available through the Alabama Department of Public Health. Call the probate office for the current recording fee.

If either spouse changes their name through the marriage, updating Social Security is the logical next step. You can check eligibility to request a replacement card online or call 1-800-772-1213 to schedule an appointment at a local office. Replacement cards typically arrive within 5 to 10 business days.⁷

Changing Your Legal Name

The Elmore County Probate Court handles legal name changes for adults and minors who live in the county. An adult files a written declaration stating the current name and the desired new name. You have to be 19 or older, of sound mind, and free from pending criminal charges. Alabama law bars people convicted of certain criminal sex offenses, crimes of moral turpitude, or felonies from obtaining a name change through this process.⁸

For a minor, a parent or legal guardian files the declaration, and everyone with parental or legal rights over the child must consent. If the minor is 14 or older, that child’s consent is required too. The probate court cannot handle a minor’s name change if the child is involved in a pending domestic relations case in circuit court, or if the name change is being ordered under the Uniform Parentage Act.⁸ Bring a certified copy of the birth certificate and a photo ID when you file.

Guardianship and Conservatorship

The probate court appoints and removes guardians for minors and for adults who cannot manage their own affairs due to unsound mind. This is one of the most consequential powers the office exercises, because it transfers decision-making authority from one person to another.⁸

A guardianship generally covers personal decisions like housing, medical care, and daily living. A conservatorship covers financial decisions: bank accounts, bills, and asset protection. One person can be appointed to both roles. Alabama law also allows limited appointments that restrict the guardian’s or conservator’s authority to what the protected person genuinely cannot handle alone.

Anyone appointed through this court should expect ongoing reporting duties. Courts typically require an initial inventory of the protected person’s property and periodic accountings showing income, expenses, and changes in assets. The judge can settle a guardian’s accounts and remove a guardian who falls short of those obligations.⁹

Involuntary Mental Health Commitments

The probate judge presides over involuntary commitment hearings when someone’s mental illness may require court-ordered treatment. The court can commit a person to inpatient treatment only if the judge finds all of the following by clear and convincing evidence:

The person has a mental illness or a mental illness with a co-occurring substance use disorder.
Because of that condition, the person poses a real and present threat of substantial harm to themselves or others.
Without treatment, the person will continue to suffer mental distress and lose the ability to function independently.
The person cannot make a rational, informed decision about whether treatment would be desirable.

The court weighs all available information, including psychiatric history, medical records, and current behavior.¹⁰ The Alabama Department of Mental Health publishes an overview of the process for families who aren’t familiar with the legal requirements.¹¹

Elections

The probate judge, the sheriff, and the clerk of the circuit court sit together as the county’s appointing board for poll workers. The board meets 15 to 20 days before election day to appoint workers for each precinct, and the probate office sends each selected worker a letter with their assigned polling place.¹² The office also handles certification of county-level results before they are sent to the Alabama Secretary of State.

Voter registration is handled by a different office. The Elmore County Board of Registrars, a separate three-member body, maintains the voter rolls.¹³ If you need to register, update your address, or check your status, contact the Board of Registrars, not the probate judge.

How to Reach the Office

The Elmore County Probate Office is at 100 E. Commerce Street, Wetumpka, Alabama. The phone number is (334) 567-1140. For any filing where fees or forms matter, call ahead; the schedule changes periodically and the staff can tell you exactly what to bring.¹

1
Elmore County Commission. Probate Office
2
Alabama Secretary of State. Alabama Votes – 2026 Primary Election Elmore County Results
3
Alabama Legislature. Alabama Code 43-2-851 – Bond
4
Alabama Legislature. Alabama Code 43-2-692 – Petition for Summary Distribution
5
Alabama Legislature. Alabama Code 35-4-110 – Instrument Not Recordable
6
Alabama Legislature. Alabama Code 30-1-9.1 – Requirements for Marriage; Validity; Construction with Other Laws
7
Social Security Administration. Change Name with Social Security
8
Alabama Legislature. Alabama Code 12-13-1 – Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts
9
Alabama Legislature. Alabama Code 12-13-41 – Duties of Probate Judges Generally
10
Alabama Legislature. Alabama Code 22-52-10.4 – Findings Necessary for Inpatient Treatment
11
Alabama Department of Mental Health. Involuntary Commitment
12
Alabama Legislature. Alabama Code 17-8-1 – Appointment of Election Officials
13
Elmore County Commission. Elmore County Elections