General Duties of the Probate Court
In 1850, a court of probate as we know it today was established in each county. Since 1850 there have been several important changes in the legal framework of the office of the Judge of Probate.
Today the major areas of responsibility of the Morgan County Judge of Probate are as follows:
Judicial - Name Changes, Adoptions and Contests to Adoptions, Involuntary Commitment of the Mentally Ill, Condemnation of Privately Owned Land for Public Use (Eminent Domain), Guardianship and Conservatorship Proceedings for Minor Children and Adults Who Are Mentally and/or Physically Incapacitated, and the Administration of Decedents' Estates (whether or not the decedent had a last will and testament).
Public Records - The Judge of Probate is the custodian of Morgan County's public records, including deeds, real estate mortgages, and the like.
Elections - The Judge of Probate is the Chief Election Officer of Morgan County. The Judge of Probate serves, along with the Sheriff of Morgan County and the Clerk of the Circuit Court of Morgan County, as chairman of the boards which oversee the election process in Morgan County and appoints all local election officials.
Marriages - The Judge of Probate is responsible for the recordation of marriage certificates.
Notaries Public - The Judge of Probate appoints notaries public, who are authorized to administer certain oaths and certify the execution of certain documents.
Adoptions
| Adoption Information (.pdf) | General Information |
| Adoptive Parent Information | Information concerning recent adoptions from the Alabama Department of Public Health |
| Foreign Adoptions | Information About Foreign Adoptions |
| Adoptee Seeking Original Birth Information | Obtaining Pre-Adoption and Other Birth Certificates from Alabama Sealed Files |
| Birth Parent Information | Information For The Birth Parent Of An Adopted Child |
Conservatorships and Guardianships
| Guardianships and Conservatorships (.pdf) | General Information |
| Guardians Handbook (.pdf) | A petitioner for guardianship is required to review the Guardian’s Handbook with his/her attorney prior to the issuance of Letter’s of Guardianship so that the Guardian may have a basic understanding of the duties and responsibilities of becoming a Guardian. This certificate, properly executed, must be filed with the Court before the Court will issue Letter’s of Guardianship. |
| Conservator Handbook (.pdf) | A petitioner for conservatorship is required to review the Conservator Handbook with his/her attorney prior to the hearing on the petition to appoint a conservator so that the petitioner may have a basic understanding of the duties and responsibilities of becoming a conservator. This certificate, properly executed, must be filed with the Court at the beginning of the hearing. |
| Alabama Guardianship.Org | Guardianship Conservatorship Handbooks and Resources |
Estates
| General Questions About Estates (.pdf) | Information |
| Administrators Handbook (.pdf) | A petitioner for Letters of Administration is required to review the Administrator's Handbook with his/her attorney prior to the issuance of Letter’s of Administration so that the Personal Representative may have a basic understanding of the duties and responsibilities of becoming an Administrator. This certificate, properly executed, must be filed with the Court before the Court will issue Letter’s of Adminsitration. |
| 2024 Small Estate Valuation (.pdf) | Effective March 1, 2024 through February 28, 2025 |
Involuntary Commitments
| Involuntary Commitments (.pdf) | General information about mental commitments |
| Alabama Department of Mental Health | Over 3,000 individuals are served annually in the state-operated facilities, while over 100,000 receive services in certified community-based programs. |
| Stepping Up Initiative | Stepping Up: A National Initiative to Reduce the Number of People with Mental Illnesses in Jails (Stepping Up) was launched in May 2015 by the National Association of Counties, the American Psychiatric Association Foundation and The Council of State Governments Justice Center to rally local, state and national leaders to build awareness and provide counties with the resources to further address this crisis. |
Notaries
| Notaries (.pdf) | General Information |
| Secretary of State - Notaries | Please note that the Secretary of State does not appoint or commission notaries. |
Real Property Recordings
| Deeds Not Recordable (.pdf) | Information Needed on Deeds |
| Recording Fees (.pdf) | Fees that must be paid to record an instrument in Morgan County |
| Overage Policy (.pdf) | Morgan County Probate Courts policy concerning overages on payments for recordings. |
| Protective Covenant Index (.doc) | Index to the the protective covenants filed in Morgan County |
| UCC Secured Transactions (Effective July 1, 2014) (.pdf) | Act Number 2014-374 |
| Glossary of Terms (.pdf) | General terms used in documents recorded in our office. |
| Memorandum of Lease Cover Sheet (.pdf) | We ask everyone that’s preparing a lease to include this (fillable) cover sheet with the submitted lease. It helps us calculate the fees & taxes due. Thank you. |
Marriage Certificate
| Instructions for Completing and Filing an Alabama Marriage Certificate (for Adults) | New marriage law effective 8/29/2019 |
| Instructions for Completing and Filing an Alabama Marriage Certificate (for Minors) | New marriage law effective 8/29/2019 |
| FREQUENTLY ASKED QUESTIONS REGARDING THE NEW ALABAMA MARRIAGE CERTIFICATE | New marriage law effective 8/29/2019 |
| Marriage Amendment Instructions for Spouses (.pdf) | Marriage Amendment Instructions for Spouses |
Legal Services
| Legal Services of Alabama | Legal Services Alabama (LSA) is a statewide nonprofit organization dedicated to providing access to justice and free quality civil legal aid and assistance to educate and empower Alabama's low-income community. |
Filing Costs
| Probate Court - Filing Costs (.pdf) | Overview of Fees. Please note that additional fees may be required based on the specifics of the case filed. |
| Land Record - Recording Costs (.pdf) | Overview of Fees. Please note this is not a complete list of everything we record. |
Legal Name Changes
| Legal Name Change Information (.pdf) | Legal Name Change Information |