An Alabama statutory warranty deed transfers real estate and, through specific statutory language, carries built-in title protections for the buyer. To use one, draft the deed with the grantor’s and grantee’s details and the full legal description, include the words “grant,” “bargain,” or “sell” in the granting clause, have the grantor sign before a notary, and record the deed at the probate office in the county where the property sits along with the required tax and sales validation form. Each step has details that matter, and probate offices reject filings for small mistakes.
Why the Granting Words Matter
Under Alabama Code § 35-4-271, using “grant,” “bargain,” or “sell” in a deed creates three implied covenants: that the grantor owns the property outright, that no hidden encumbrances exist from the grantor’s actions, and that the grantee will enjoy the property free from ownership challenges by anyone claiming through the grantor.1Alabama Legislature. Alabama Code 35-4-271 – Construction of Words Grant, Bargain, or Sell; When Covenants of Warranty Implied Without at least one of those words, the deed may still move ownership but will not carry the statutory warranty. That is the single feature separating this deed from a quitclaim, which carries no guarantees at all.
What to Gather Before You Draft
Pull the prior recorded deed and work from it. Nearly every rejection traces back to information copied inexactly from that document.
- Grantor’s full legal name, matching the current recorded deed exactly. A middle initial on one document and not the other can break the chain of title.
- Grantor’s marital status. If both spouses appear on the existing title, both must sign as grantors. Even when only one spouse holds title, probate offices and title companies expect marital status on the face of the deed because a surviving spouse retains an elective share of up to one-third of the deceased spouse’s estate under Alabama Code § 43-8-70.
- Grantee’s full legal name as it should appear on the new title, plus a mailing address. Most probate offices use the address to route future tax notices and return the recorded original.
- Consideration, meaning the purchase price or value exchanged. Gift transfers typically recite nominal consideration such as “ten dollars and other good and valuable consideration.”
- Legal description, copied verbatim from the prior deed. Use metes and bounds, lot and block from a recorded plat, or a combination. A street address alone is not a legal description, and errors here lead to boundary litigation. Check every bearing, distance, and reference point twice.
Writing the Deed
County probate offices sell standard forms, and state-specific templates are widely available online. Before you borrow one from a neighbor or friend, note that the Alabama State Bar treats deed preparation as the practice of law, so a non-lawyer cannot prepare a deed for someone else for compensation. You can prepare your own deed for property you personally own.
The opening clause names the grantor, states marital status and county of residence, and recites the consideration flowing from the grantee. The granting clause follows and must contain at least one of the three statutory words to trigger the implied covenants. After that comes the legal description, pasted in exactly as it reads on the prior deed.
If you are keeping anything back, say so explicitly in a paragraph immediately after the legal description. Mineral and timber reservations are common in rural Alabama, and vague references to a “surface estate” without addressing minerals create ambiguity about who owns what underground. Close with the date, a signature line for the grantor, and a notary acknowledgment block. Leave room below for the probate office’s recording stamp.
How Co-Owners Should Take Title
When a deed names more than one grantee, Alabama Code § 35-4-7 defaults to tenancy in common unless the deed says otherwise.2Alabama Legislature. Alabama Code 35-4-7 – Survivorship Between Joint Tenants Each owner holds a separate share that passes through their estate at death. That means probate when one of them dies.
If you want the surviving co-owner to inherit the other’s share automatically, the deed must say so. “As joint tenants with right of survivorship” or “JTWROS” does the job. The statute also permits a grantor to convey property to themselves and another person with survivorship rights, as long as the intent is clear on the face of the deed.2Alabama Legislature. Alabama Code 35-4-7 – Survivorship Between Joint Tenants Married couples in Alabama use the same language as any other co-owners; the state does not recognize tenancy by the entirety.
Signing and Notarization
Alabama Code § 35-4-20 requires the grantor to sign at the bottom of the deed, with one attesting witness.3Alabama Legislature. Alabama Code 35-4-20 – Conveyance Required to Be in Writing; Signature; Attestation by Witnesses In practice almost everyone uses a notary instead. Alabama Code § 35-4-23 provides that a notarized acknowledgment satisfies the witness requirement entirely, so you need the notary or the witness, not both.4Alabama Legislature. Alabama Code 35-4-23 – Acknowledgment – Operates as Compliance with Witness Requirements The notary confirms the grantor’s identity and that the signature is voluntary. Alabama caps notary fees at $10 per act.5Alabama Legislature. Alabama Code 36-20-74 – Fees
The grantee does not sign. The grantee must, however, accept delivery of the deed for the transfer to take legal effect. In a closing, delivery happens when the signed deed changes hands. Keep the original somewhere safe. You need it for recording.
Recording at the Probate Office
Take the signed and notarized deed to the probate office in the county where the property sits. Between the grantor and grantee the deed is valid without recording, but recording is what protects the grantee against third parties. Under Alabama Code § 35-4-90, an unrecorded deed is “inoperative and void” against anyone who later buys the property for value, takes a mortgage on it, or obtains a judgment lien, as long as that person had no actual knowledge of the earlier transfer.6Alabama Legislature. Alabama Code 35-4-90 – Conveyances of Real Property Generally A later buyer who records first can take the property from you. Record promptly.
What You Will Pay
Two charges apply at the window. The first is the recording fee for indexing and imaging. Alabama has no statewide schedule, so counties set their own. Expect roughly $5 to $15 for the first page, a few dollars per additional page, and indexing or processing surcharges that vary. Call the probate office or check its website for the current numbers before you go.
The second is the state deed recording tax: $0.50 for every $500 of value, or fraction of it, in the property transferred.7Alabama Department of Revenue. Recordation Tax On a $200,000 property that comes to $200. If an existing mortgage already had its mortgage recording tax paid, you only owe the deed tax on value above that mortgage balance.
The RT-1 Sales Validation Form
Every deed submitted for recording must come with a Real Estate Sales Validation Form, designated Form RT-1 by the Alabama Department of Revenue.8Alabama Department of Revenue. Real Estate Sales Validation Form The state uses it to track values for tax assessment. At least one party to the transaction, or an authorized agent, must sign. The probate office will reject the whole filing without it or without correct payment, so fill it out before the trip.
What Happens After You File
The clerk assigns a book-and-page or instrument number and images the deed into the public record. Some counties record same-day; others take a week or more during busy periods. The clerk returns the original to the grantee by mail or for pickup. From that point the record itself is constructive notice to the world that the grantee owns the property.
After Recording
If you will live in the property as your primary residence, visit the county tax assessor to apply for the Alabama homestead exemption. It reduces your annual property tax bill. You generally need to file by December 31 of the year you want the exemption to take effect, and eligibility requires that you occupy the home as your primary residence on October 1 of that tax year. Each county handles applications locally, so ask the assessor what forms and supporting documents they require.
Keep the original recorded deed in a fireproof safe or safe deposit box. The probate office maintains the public record, but having your original on hand simplifies future sales, refinances, and title insurance claims. If you ever need a certified copy, the probate office where it was recorded will issue one for a small fee.