SB141 Alabama 2012 Session

Updated Feb 27, 2026

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Summary

Primary Sponsor: Dick Brewbaker
Republican
Session: Regular Session 2012
Title: Montgomery Co., judge of probate, recording fee, use for improvement of record system, distrib. to Judge of Probate Fund, Act 591, 1965 Reg. Sess. repealed
Summary: SB141 would create a new five-dollar special recording fee in Montgomery County to fund an improved, official recording system in the judge of probate's office and repeal an older recording law.
What This Bill Does
It authorizes the Montgomery County judge of probate to install and maintain an improved system for recording, archiving, and retrieving documents that affect property titles and other documents in the probate office. It requires a five-dollar special recording fee for each instrument or document filed, with the money going into a Judge of Probate Fund to pay for the system and its upkeep. The new system would become the official record, and Act 591 (1965) would be repealed. The act also allows the county to use additional funds for ongoing costs after installation and requires audits and annual reporting.

Who It Affects
Property owners and anyone filing real property, personal property, or UCC documents in the Montgomery County judge of probate's office, who will pay the new five-dollar fee and benefit from an updated, official recording system.
The Montgomery County Judge of Probate's Office (and its staff), which will collect the fee, manage the special fund, oversee installation and maintenance of the system, and report annually on fund use.

Key Provisions
Imposes a five-dollar special recording fee for each real property instrument, each personal property instrument, and each UCC document filed in the Montgomery County judge of probate's office, plus discretion to apply to other instruments at the judge's choice.
Requires all special recording fees to be deposited into a dedicated Judge of Probate Fund and used to install, maintain, and operate an improved recording, archiving, and retrieval system; initial costs must be paid from these fees, with potential use of county funds for ongoing costs after installation.
Defines and formalizes an improved recording system, making recorded instruments official records and consolidating recording, archiving, and retrieval processes.
Repeals Act 591 of the 1965 Regular Session and transfers any existing funds from that act to the new fund; begins three months after passage and governor approval.
Requires annual reporting to the Montgomery County Legislative Delegation and audits by Examiners of Public Accounts; expenditures are public and audit costs are paid from the collected fees.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Montgomery County