Escambia County; probate court fees further provided for

Plain English Breakdown

The official bill text does not define terms like 'probate,' 'intestate estate,' or 'guardianship'; the definitions provided are standard legal meanings used for clarity but are not explicitly in the source text.

New Probate Court Fees for Escambia County

This law sets specific dollar amounts that the Judge of Probate in Escambia County must charge for certain court services starting October 1, 2026.

What This Bill Does

• Sets a fee of $105 to probate a will or administer an estate without a will.
• Charges $65 for name changes and legitimation requests.
• Requires fees of $145 for guardianship and conservatorship cases.
• Lists specific costs for adoption, filing claims, indexing documents, recording notary items, UCC instruments, UCC releases, and plat recordings.
• Keeps all other service fees the same as general state law unless listed in this bill.

Who It Names or Affects

• The Judge of Probate in Escambia County
• People who file wills or handle estates in Escambia County
• Residents seeking name changes, adoptions, guardianships, conservatorships, legitimation, UCC filings, or plat recordings in the county

Terms To Know

Probate of a will

The legal process where a court checks if a will is valid after someone dies.

Intestate estate

An estate handled by the court when a person died without leaving a written will.

Guardianship

A legal arrangement where one person is appointed to care for another who cannot manage their own affairs.

Limits and Unknowns

• The law only applies to Escambia County and does not change fees in other counties.
• Fees listed here do not take effect until October 1, 2026.
• This bill does not list every possible fee; it keeps general state laws for services not mentioned.

Official Summary Text

Escambia County; probate court fees further provided for

Current Bill Text

HB440 ENROLLED
Page 0
HB440
RB42SYY-2
By Representatives Baker, Hammett (N & P)
RFD: Local Legislation
First Read: 12-Feb-26
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HB440 Enrolled
Page 1
First Read: 12-Feb-26
Enrolled, An Act,
Relating to Escambia County; to further provide for
probate court fees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Judge of Probate of Escambia County,
in lieu of the fees prescribed by general law, shall charge
and collect the following fees for the following services:
(1) One hundred five dollars ($105) for the probate of
a will.
(2) One hundred five dollars ($105) for the
administration of intestate estate.
(3) Sixty-five dollars ($65) for name change.
(4) Sixty-five dollars ($65) for legitimation.
(5) One hundred forty-five dollars ($145) for
guardianship.
(6) One hundred forty-five dollars ($145) for
conservatorship.
(7) One hundred twenty-five dollars ($125) for
adoption.
(8) Five dollars ($5) for claims against wills and
estates.
(9) Fifteen dollars ($15) plus five dollars ($5) per
page to file a will.
(10) Ten dollars ($10) for indexing.
(11) Thirty dollars ($30) for notary recording.
(12) Twenty-five dollars ($25) for Uniform Commercial
Code (UCC) instruments.
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HB440 Enrolled
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Code (UCC) instruments.
(13) Five dollars ($5) for UCC release.
(14) Thirty-five dollars ($35) for plat recording.
(b) Except as provided in subsection (a), the judge of
probate shall continue to charge and collect the service fees
that are prescribed by general law.
Section 2. This act shall become effective on October
1, 2026.
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HB440 Enrolled
Page 3
1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 19-Feb-26.
John Treadwell
Clerk
Senate 25-Feb-26 Passed
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