Montgomery County; judge of probate, authorized to register wills

Plain English Breakdown

The official text states the act becomes effective immediately upon enactment (March 2026), but does not specify if there are any transition periods for existing filings.

Montgomery County Will Registration Law

This law allows residents of Montgomery County to file their wills with the local judge of probate, keeping the actual documents private while maintaining a public record that they were filed.

What This Bill Does

• Allows any resident of Montgomery County who has made a will to file it in the Office of the Judge of Probate.
• Requires the judge of probate to keep an official list (docket) showing when each will was deposited and if or when it is withdrawn.
• Keeps the actual will files private so only the person, their legal representative, or their lawyer can see them before that person dies.
• Makes the public docket available for anyone to inspect without seeing the details inside the wills.
• Allows the judge of probate to charge a reasonable fee for filing each will.

Who It Names or Affects

• Residents of Montgomery County who have made a will
• The Judge of Probate in Montgomery County

Terms To Know

Judge of Probate

A local court official responsible for handling legal matters about wills and estates.

Docket

An official list or record that tracks when documents are filed with the office.

Limits and Unknowns

• The law does not stop a person from changing their will by writing a new one later.
• This rule only applies to people living in Montgomery County, Alabama.
• The specific amount of money charged as a fee is not listed in the text.

Official Summary Text

Montgomery County; judge of probate, authorized to register wills

Current Bill Text

HB447 ENROLLED
Page 0
HB447
JP823NN-2
By Representative Ensler (N & P)
RFD: Montgomery County Legislation
First Read: 12-Feb-26
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HB447 Enrolled
Page 1
First Read: 12-Feb-26
Enrolled, An Act,
Relating to Montgomery County; to provide for the
filing of wills with the judge of probate.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Any individual who is a resident of
Montgomery County and who has made a will may file the will in
the Office of the Judge of Probate of Montgomery County.
(b) The judge of probate shall maintain a docket in
which he or she shall register the will, the date on which it
was deposited in his or her office, and the date of withdrawal
of the will.
(c) The files shall be confidential and no individual
other than the individual depositing the will, his or her
legal representative, or his or her attorney may have access
to the file prior to the death of the individual making and
depositing the will.
(d) The docket shall be available for inspection by the
public.
Section 2. The judge of probate may charge a reasonable
fee for each will filed with his or her office.
Section 3. Nothing in this act may be construed to
prohibit any individual from revoking a will by the execution
of a subsequent will or to change the ambulatory nature of the
will of any individual.
Section 4. This act shall become effective immediately.
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HB447 Enrolled
Page 2
Section 4. This act shall become effective immediately.
________________________________________________
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 05-Mar-26.
John Treadwell
Clerk
Senate 17-Mar-26 Passed
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