HB447 Alabama 2026 Session

Summary

Primary Sponsor

Phillip EnslerRepresentative

Democrat

Session

2026 Regular Session

Title

Montgomery County; judge of probate, authorized to register wills

Summary

HB447 lets Montgomery County residents file and register their wills with the Montgomery County Judge of Probate, keeping confidential files but a public docket and allowing a filing fee.

What This Bill Does

If passed, the bill lets residents file a will with the Montgomery County Judge of Probate. The judge will keep a docket that notes when the will was deposited and when it was withdrawn. The actual will files are confidential before the maker's death and accessible only to the depositor, their legal representative, or their attorney, while the docket is open to the public. The judge may charge a reasonable filing fee. The act does not affect the ability to revoke a will or change its ambulatory nature. It becomes effective immediately.

Who It Affects

• Montgomery County residents who have made a will: may file the will with the Judge of Probate.
• The depositor's legal representative or attorney: may access the confidential files before death.
• The public: may inspect the docket of filed wills.
• The Montgomery County Judge of Probate: responsible for maintaining the docket and charging a filing fee.

Key Provisions

• Residents may file a will with the Office of the Judge of Probate of Montgomery County.
• The judge must maintain a docket recording the will, the deposit date, and the withdrawal date.
• Will files are confidential before the death of the maker; access is limited to the depositor, their legal representative, or their attorney; the docket is public.
• The judge may charge a reasonable fee for each will filed.
• The act does not prohibit revoking a will or changing its ambulatory nature.
• Effective immediately.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 18, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Montgomery County