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House Bill 440 Alabama 2026 Session

Updated Feb 17, 2026

Summary

Session
2026 Regular Session
Title
Escambia County; probate court fees further provided for
Summary

HB440 would set fixed probate court fees in Escambia County for listed services, replacing general-law fees for those services, effective October 1, 2026.

What This Bill Does

The bill requires the Escambia County Judge of Probate to charge specific fixed fees for certain probate-related services instead of the general-law fees. It sets separate dollar amounts for services such as probate of a will, administration of an intestate estate, name changes, legitimation, guardianship, conservatorship, adoption, and various filing/recording actions. For any services not listed, the judge would continue to use the existing general-law fees. The act would take effect on October 1, 2026.

Who It Affects
  • Residents and parties in Escambia County who use probate court services (e.g., will probate, estate administration, name changes, legitimation, guardianships, conservatorships, adoptions) who would pay the fixed fees listed in the bill.
  • Attorneys, estates, and other professionals who file documents or interact with the Escambia County probate court (e.g., filing wills, indexing, notary recording, UCC filings, plat recording), as these tasks would have defined fixed fees.
Key Provisions
  • Probate of a will: $105
  • Administration of intestate estate: $105
  • Name change: $65
  • Legitimatio n: $65
  • Guardianship: $145
  • Conservatorship: $145
  • Adoption: $125
  • Claims against wills and estates: $5
  • Filing a will: $15 plus $5 per page
  • Indexing: $10
  • Notary recording: $30
  • UCC instruments: $25
  • UCC release: $5
  • Plat recording: $35
  • (b) Services not listed continue to use general-law service fees
  • Section 2 effective date: October 1, 2026
AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Escambia County

Bill Actions

S

Pending Senate Local Legislation

S

Read for the first time and referred to the Senate Committee on Local Legislation

H

Motion to Read a Third Time and Pass - Adopted Roll Call 465

H

Third Reading in House of Origin

H

Read for the Second Time and placed on the Calendar

H

Reported Out of Committee House of Origin

H

Pending House Local Legislation

H

Read for the first time and referred to the House Committee on Local Legislation

Calendar

Hearing

House Local Legislation Hearing

Room 200 at 14:12:00

Bill Text

Votes

Motion to Read a Third Time and Pass - Roll Call 465

February 19, 2026 House Passed
Yes 15
Abstained 86
Absent 3

Third Reading in House of Origin

February 19, 2026 House Passed
Yes 55
Abstained 44
Absent 5

HBIR: Passed by House of Origin

February 19, 2026 House Passed
Yes 55
Abstained 44
Absent 5

Documents

Source: Alabama Legislature