An Alabama deed is a legal instrument used to transfer ownership of property and land located in Alabama. Each type of deed comes with a different level of protection regarding the property’s title. Deeds that offer greater guarantees are much safer for transactions between unacquainted parties; for example, a general warranty deed assures the buyer that the title is free of issues dating back to the very first owner. In order to execute a deed, the parties will need to complete and sign the form, have the document notarized, and record it with the county recorder.
Deed of Trust – An agreement used by buyers who intend on taking out a loan to purchase property. A third party (the “trustee”) holds onto the title until the loan is repaid in full.
General Warranty Deed – Provides the grantee with full protection over the title.
Special Warranty Deed – Guarantees the property’s title is free of issues starting from the date the seller (grantor) first owned it (i.e., does not cover any previous owners).
Quit Claim Deed – Offers no warranties to the buyer (grantee). Ideal for property transfers between family members or parties with a high level of trust.
- Statutes: Title 35, Chapter 4
- Formatting: No state-wide formatting. Counties may have specific requirements.
- Signing Requirements (§ 35-4-20): If the grantor cannot sign, the deed must be signed by two (2) witnesses. If the grantor can sign, they must have their signature acknowledged by a notary or one (1) disinterested witness.
- Form RT-1 (Real Estate Sales Validation): This form must be filed at the same time as the deed.
- Where to Record: Probate Court
- Recording Fees: Fees are set by the probate judge of each county.