HB447 • 2026

Montgomery County; judge of probate, authorized to register wills

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Ensler
Last action: 2026-03-31
Official status: Enacted
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Montgomery County Will Registration

This law allows residents of Montgomery County to file their wills with the judge of probate and sets rules for how the judge should handle these documents.

What This Bill Does

Allows residents of Montgomery County to give their wills to the judge of probate's office.
Requires the judge of probate to keep a list (docket) showing when each will was given and taken out of the office.
Makes sure that only the person who made the will, or someone they choose, can see it before the person dies.
Lets anyone look at the docket but not the actual wills.
Allows the judge to charge a fee for filing a will.

Who It Names or Affects

Residents of Montgomery County
The judge of probate in Montgomery County

Terms To Know

will: A legal document that says what should happen to someone's property and money after they die.
judge of probate: An official who handles wills, estates, and other matters related to people who have died in a county.

Limits and Unknowns

The law does not specify the amount of the fee for filing a will.
It is unclear if this act changes any existing rules about revoking or changing a will.

Bill History

2026-03-31 House
Enacted
2026-03-19 Senate
Signature Requested
2026-03-17 Senate
Motion to Read a Third Time and Pass - Adopted Roll Call 880 (Yeas 34, Nays 0)
2026-03-17 Senate
Third Reading in Second House (Yeas 34, Nays 0)
2026-03-17 House
Enrolled
2026-03-17 House
Ready to Enroll
2026-03-12 Senate
Read for the Second Time and placed on the Calendar
2026-03-12 Senate
Reported Out of Committee Second House
2026-03-05 House
Motion to Read a Third Time and Pass - Adopted Roll Call 734 (Yeas 18, Nays 0)
2026-03-05 House
Third Reading in House of Origin (Yeas 60, Nays 0)
2026-03-05 Senate
Pending Committee Action in Second House
2026-03-05 Senate
Read for the first time and referred to the Senate Committee on Local Legislation
2026-03-03 House
Read for the Second Time and placed on the Calendar
2026-03-03 House
Reported Out of Committee House of Origin
2026-02-12 House
Pending Committee Action in House of Origin
2026-02-12 House
Read for the first time and referred to the House Committee on Montgomery County Legislation

Official Summary Text

Montgomery County; judge of probate, authorized to register wills

Current Bill Text

Read the full stored bill text

HB447 ENROLLED
Page 0
HB447
JP823NN-2
By Representative Ensler (N & P)
RFD: Montgomery County Legislation
First Read: 12-Feb-26
1
2
3
4
5
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61