Alabama Warranty Deed

PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.
Alabama recording note. Alabama deeds are recorded with the county Judge of Probate. Most recordings require deed recordation tax plus a Real Estate Sales Validation Form or proof of value, unless a narrow statutory exemption applies. Married grantors conveying Alabama homestead property generally need voluntary spouse signature or assent.

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What Is an Alabama Warranty Deed?

An Alabama warranty deed transfers Alabama real estate with broad deed-warranty protection. It is commonly used for ordinary sale, lender, title-insurance, and open-market transactions when the grantor intends to provide general warranty covenants.

When to Use a Warranty Deed in Alabama

  • Buying or selling residential or commercial Alabama real estate in an ordinary sale transaction.
  • Working with a title company, lender, or buyer who expects warranty-deed protection.
  • Using the Alabama deed path when the grantor is willing to give broad title covenants.

Alabama Requirements for Warranty Deeds

  • Signing: The grantor signs the deed. If the property is an Alabama homestead and the grantor is married, the spouse generally must voluntarily sign or assent to the conveyance.
  • Notarization: The grantor's signature should be acknowledged before a notary or other authorized officer before recording.
  • Witnesses: A properly acknowledged Alabama deed generally does not need separate witnesses for ordinary recording.
  • Recording: Record the deed with the Judge of Probate in the Alabama county where the property is located.
  • Required Details: Alabama deeds should include grantor marital status, a complete legal description, and the name and address of the person who prepared the instrument.
  • Validation Form: A Real Estate Sales Validation Form or proof of purchase price or actual value is usually required when recording.
  • Recordation Tax / Fees: Alabama charges deed recordation tax on most recordings, currently $0.50 per $500 or fraction of value, plus county recording fees. Narrow statutory exemptions may apply.
  • Legal Description: Use the complete legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or tax parcel number alone is usually not enough.

Warranty Deed vs Other Alabama Deeds

A general warranty deed gives broader warranty protection than a quitclaim deed. Alabama statutory warranty deed wording is a separate limited-covenant path based on “grant, bargain, sell” language. A quitclaim deed provides no deed warranty and is more often used for known-party transfers.

Alabama Recording Notes

Alabama deeds are recorded at the county level. Formatting rules, legal-description requirements, homestead facts, marital-status recitals, validation-form requirements, recordation tax, and county fees can affect recordability. Confirm current Judge of Probate recording details before relying on a completed deed.

Frequently Asked Questions

Does Alabama charge a transfer or recordation tax when a deed is recorded?

Yes. Alabama charges deed recordation tax on most recordings, currently $0.50 per $500 or fraction of value, plus county recording fees. A Real Estate Sales Validation Form or proof of value is usually required. Narrow statutory exemptions may apply.

Where do I record an Alabama warranty deed?

Record the original notarized deed with the Judge of Probate in the Alabama county where the property is located.

Does my spouse need to sign an Alabama warranty deed?

If the property is an Alabama homestead and the grantor is married, the spouse generally must voluntarily sign or assent to the conveyance. Non-homestead and title-specific facts should be checked carefully.

Is this an Alabama general warranty deed or statutory warranty deed?

This product is described as a general warranty deed. Alabama statutory warranty treatment is a different limited-covenant path based on “grant, bargain, sell” wording.

Is this an official Alabama government form?

No. This is a PublicLegal-authored self-help deed form, not an Alabama probate judge, recorder, or government-issued form. Confirm current recording requirements before recording.

Does a warranty deed transfer my mortgage in Alabama?

No. A deed transfers title to real property. It does not release the borrower from an existing mortgage or change lender rights unless the lender separately agrees.