Frequently Asked Questions

Adoption is the legal procedure through which a minor is recognized by law as being the son or daughter of the adopting adult(s) and as having all of the rights and duties of such relationship including the right of inheritance. The adoptee takes the name designated by the petitioner.

Any adult or husband and wife jointly. The Adoption Code specifically prohibits discrimination in granting adoptions on the basis of marital status or age.
 

A minor, defined as being a person under the age of nineteen.

• Preplacement investigation (may petition court or go to the Department of Human Resources or a Licensed Child Placing Agency).
• All necessary consents and/or relinquishments concerning the adoption are obtained.
• Guardian ad litem is appointed when either natural parent of the adoptee is a minor or in case of a contested hearing.
• Petition court for authority to pay fees or expenses.
• Placement of a child with petitioners.
• File petition for adoption 30 days after placement.
• Serve notice or obtain waiver of notice on or from all parties entitled to notice of the adoption.
• Post-placement investigation.
• Hearings.
• Affidavits of non-payment.
• Accounting of disbursements.

It is an investigation conducted for the purpose of determining the suitability of each petitioner and the home in which the adoptee will be placed. The investigation will include a criminal background search and will focus on any other circumstances relevant to the placement of the adoptee.

Yes, unless dispensed by the court for good cause or unless the persons seeking to adopt is a close relative of the adoptee as listed in SSSS 26-10A-27; 26-10A-28 of the Code of Alabama.

• The adoptee, if 14 years or older unless mentally incapable of giving consent.
• The adoptee's mother.
• The adoptee's presumed father if he meets the requirements set out in SS 26-10A-7 of the Code of Alabama.
• The agency to whom the adoptee has been relinquished or which holds permanent custody except that a court may grant an adoption without the agency's consent when it would be in the child's best interest and the agency's withholding of consent is unreasonable.
• The putative father if known; provided that he complies with the Putative Father Registry and responds within 30 days after receiving notice of the adoption.

Yes, however, prior to such consent the court must appoint the minor parent a guardian ad litem to represent the minor's interests. A minor who is 14 years of age or older can nominate a guardian ad litem to protect his or her interests. However, if a minor father impliedly consents, it is not necessary to appoint him a guardian ad litem.

No, a consent or relinquishment executed by a parent who is a minor shall not be subject to revocation by reason of such minority.

A consent or relinquishment for adoption may be given at any time. The prebirth consent of the mother must be signed or confirmed before a probate judge. All other prebirth or post-birth consent or relinquishments must be signed or confirmed before
the Probate Judge or clerk of the Probate Court, or someone appointed by that court to do such, a person appointed by the agency conducting the investigation or a notary public. The consent or relinquishment must be in substantially the same form as provided in the adoption code and must be in writing and signed by the person consenting or relinquishing.

A consent or relinquishment may be withdrawn for any reason five days after the birth of the adoptee or five days after the signing of the consent or relinquishment whichever occurs later. The time to withdraw the consent or relinquishment can be expanded to 14 days if the court finds that such delay is reasonable under the circumstances and is in the best interest of the child.

A petition for adoption may be filed in the probate court of any of the following counties: where the minor resides; where the petitioner resides or is in military service, or where the office of the agency or institution having guardianship or custody of the minor is located.

The adoption petition must be filed within 30 days after the minor is placed with the prospective adoption parent(s) for adoption. If the person seeking the adoption is a stepparent or relative of the adoptee then the adoptee must reside with the petitioner for a year before such petition is filed. If the child has not lived with the stepparent or relative for a year, the adoption will proceed in the same manner as all other adoptions unless the court waives the residence requirement.

No! An offer to make such payment is a Class A misdemeanor, to receive payment for a person's consent to adoption is a Class C felony.

A person seeking to adopt a child may pay maternity connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy and pregnancy-related incapacity as long as such payments are made as an act of charity and such payment is not contingent upon the placement of the child for adoption. All fees and expenses, including legal, medical, investigative, or other legitimate professional fees may only be paid with court approval.

• Before a final adoption decree is rendered the only people with access to the adoption records are: the petitioner, the petitioner's attorney; the pre-placement investigator, and any attorney appointed or retained by the minor being adopted. No other person has access to the adoption records unless they obtain a court order after showing good cause to allow them to inspect the records.
• All adoption hearings are confidential and held in closed court open only to the interested parties and their counsel, except with leave of the court.
• After the final decree of adoption is entered all documents pertaining to the adoption are sealed and identifying information cannot be obtained by anyone except the adoptee under limited circumstances. (see below).
• The natural parent(s) may consent in writing under oath to the disclosure of identifying information to the adoptee when such adoptee reaches the age of 19. The adoptee upon reaching the age of 19 may petition the court for disclosure of identifying information. Such information will not be released to the adoptee without the natural parent's consent unless the court determines it is best after weighing the interests of the parties involved.
• An adult adoptee may obtain a copy of his or her original birth certificate.

Unlike all other adoptions, usually, no preplacement or postplacement investigation nor accounting of the cost relating to the adoption is required. In order to be exempt from these requirements, the adoptee must have lived with the petitioner for at least one year.

Ordinarily the grandparents have no visitation rights with their grandchildren when the natural parent's rights have been terminated by adoption. However, at the court's discretion the court may allow such visitation rights if the child is adopted by a close relative or a stepparent provided it is in the child's best interests.

A person who is appointed by the court to manage the property of a minor or incapacitated person.

A person who is unable to manage property and business affairs because of:

1. Mental illness
2. Mental deficiency
3. Physical illness
4. Infirmities accompanying advanced age
5. Chronic use of drugs
6. Chronic intoxication
7. Confinement
8. Detention by foreign power
9. Disappearance

A family member or any interested person with the priorities as follows:

1. Conservator appointed in another jurisdiction
2. Person selected by the incapacitated person
3. Person designated by incapacitated person's power of attorney
4. Spouse
5. Adult child
6. Parent
7. Relative with whom the ward has lived last six months
8. Nominee of the person caring for an incapacitated person
9. General guardian or sheriff

A conservator may be appointed when an incapacitated person:

1. Is unable to manage property and business affairs; and
2. Has property that will be wasted without proper management; or funds are needed to support the incapacitated person or one entitled to support from the incapacitated person.

Without court authorization the conservator may:

• Invest and reinvest funds
• Retain assets
• Receive additions
• Acquire undivided interest
• Deposit funds in financial institutions
• Acquire property
• Dispose of personal property
• Make repairs to the building
• Enter leases up to 5 years
• Enter mineral leases
• Vote securities
• Pay assessments
• Sell or exercise stock options
• Deposit stocks and bonds
• Consent to reorganization, merger of a business
• Insure assets
• Borrow to protect estate
• Settles claims
• Pays reasonable annual compensation to the conservator
• Pays taxes and expenses
• Allocate expenses to income
• Pay a sum for the benefit of the protected person or his family
• Employ attorneys, auditors
• Prosecutes or defends claims
• Execute and deliver appropriate instruments
• Hold securities

Court may limit powers of conservator

With prior court authorization the conservator may:

• Continue or participate in operating business
• Demolish improvements
• Dispose of real estate
• Subdivides, dedicate land
• Leases greater than 5 years
• Grant an option of more than one year
• Take an option to acquire property

The legal complexity of guardianships and conservatorships normally necessitates having an attorney since the Probate Judge cannot advise you of the law or provide you with forms.

The guardian looks after the person and their welfare while a conservator looks after their estate.

1. Petition filed
2. Appointment of a guardian ad litem
3. Examination by physician
4. Appointment of court's representative
5. Hearing
6. Jury at hearing if demanded
7. Bond for conservator
8. Order granting petition
9. Letters of guardianship and/or conservatorship
10. Inventory of property for a conservator

Yes, a bond is required for conservatorships unless; the bond requirement was waived in a Will or Power of Attorney.

Each conservator must complete an inventory of the estate immediately and file it with the court within 90 days after the appointment.

Yes, a conservator must give an accounting to the court at least every three years. The court may order an accounting more frequently. An accounting is also required upon the resignation or removal of the conservator.

Probate of a Will is the administration of an estate to ensure that all of the property is disposed of properly. It is the Probate Judge's responsibility to make sure that all of the laws in Alabama regarding the distribution of estates are followed.

Upon the person's death, anyone named in the Will either as personal representative or as a recipient of property, or any other person with a financial interest in the estate, or the person who has possession of the Will may have the Will proved before the proper probate court. Any person in possession of the Will must, by Alabama law, deliver the Will to the Probate Court or to a person who is able to have the Will probated. A person in possession of the Will can be required to produce it.

Generally, Wills must be filed for probate in the county where the deceased lived.

To be effective, a Will must be filed for probate within five years of the date of the testator's death.

The complexity of handling estates normally necessitates having an attorney since the Probate Judge cannot advise you of the law or provide you with forms.

The Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.

If someone dies without writing a Will, they have died intestate. Each state has specific laws governing the distribution of property when a person dies intestate, and most laws are generally the same. The laws of Alabama are shown below, but you should remember that these laws may not apply if the deceased was not a resident of Alabama, or if the property is located in another state. In this list, 'issue' means all of the people who have descended from the decedent. This includes children (both natural and adopted), grandchildren (both natural and adopted), great-grandchildren, and so on.

Property going to the surviving spouse:

• entire estate if no surviving issue or parents of decedent;
• first $100,000, plus 1/2 of the balance of the estate if there is no surviving issue but there is surviving parent(s);
• first $50,000, plus 1/2 of the balance of the estate if there are surviving issues all of whom are also issues of surviving spouse; or
• 1/2 of the estate if there are surviving issues who are not an issue of the surviving spouse.

Property not going to surviving spouse:

If there is no surviving spouse, or there is property left after the spouse receives his or her share, it passes under the following priority: All of the property passes to the issue unless there are none. If none, all passes to the parents. If neither parent is living, the estate passes to siblings, and so on under this priority:

• issue
• parents
• brothers and sisters
• grandparents
• aunts and uncles
• cousins

1. Petition filed
2. Take immediate control of the estate
3. Inventory of the estate within 2 months
4. Bond, equal to the aggregate capital value of the property of the estate, plus one year's estimated income from the estate
5. Notice must be given to all heirs
6. Letters of Testamentary granted
7. Notice to file claims must be published once a week for 3 weeks and individual notice given to anyone known to have a claim against the deceased
8. Claims must be filed generally within 6 months
9. Generally the estate cannot be divided until all claims and expenses have been paid which is at least six months
10. Court must approve the attorney's fees

Without court authorization, the personal representative may:

• retain assets
• receive assets
• perform deceased contracts
• satisfy written charitable pledges
• deposit funds in financial institutions
• abandon valueless personal property
• allocate expenses to income
• pay assessments
• hold securities
• insure assets
• borrow to protect the estate
• settle with debtors
• settle claims
• pay taxes and expenses
• sell or exercise stock options
• enter leases up to one year
• vote stocks
• employ attorneys and auditors
• prosecute or defend claims
• continue unincorporated business
• incorporate the business
• limit liability [court may limit powers of personal representative>

With prior court authorization, the personal representative may:

• abandon an estate asset
• make repairs or demolish improvements
• subdivide, dedicate land
• enter leases greater than one year
• enter mineral leases
• sell real estate
• pay compensation of personal representatives

The parent of a minor or someone who has been appointed by the court to be responsible for the personal care of an individual.

Legal name for a person for whom a guardian has been appointed.

Any qualified person may be appointed. However, the law establishes the following priorities:

1. Person named in a durable power of attorney
2. Spouse or spouse's nominee
3. Adult child
4. Parent or parent's nominee
5. Relative with whom the person has lived the prior 6 months
6. Nominee of caretaker of person

The court may appoint any person who will be in the best interest of the minor. However, if the minor is 14 years old or older, the minor's nominee must be appointed unless the appointment is contrary to the minor's best interest. Also, a parental nomination has priority.

Yes, in a Will or other document properly signed and witnessed, a parent may appoint a guardian for a minor child or an unmarried incapacitated child.

Yes, in a Will or other document properly signed and witnessed, a person may appoint a guardian for his or her incapacitated spouse.

1. Must assume responsibilities of a parent regarding support, care, and education
2. Must become personally acquainted with the ward
3. Must take reasonable care of the ward's personal effects
4. Must apply available money for current needs or health, support, education, and maintenance
5. Must conserve excess money
6. Must report the condition of the ward to the court
7. May receive limited funds for support of ward
8. May take custody of the ward and establish a home
9. May compel payment of support
10. May consent to medical care
11. May consent to marriage or adoption
12. May delegate certain responsibilities to the ward for the decision-making
13. Court may limit powers of guardianship

1. Upon the death of the ward
2. Upon the resignation of the guardian
3. Upon adoption of the minor
4. Upon the marriage of the minor
5. Upon the minor becoming an adult
6. When the ward's incapacity is terminated

Beginning August 29, 2019, persons wanting to marry in Alabama will no longer file an application for a marriage license with the county probate court, and the courts will no longer issue marriage licenses. Instead, the Alabama Marriage Certificate form should now be completed by the persons entering into marriage and delivered to the probate court for recording.

You can access the new Alabama Marriage Certificate form online at the Alabama Department of Public Health’s website at http://www.alabamapublichealth.gov/vitalrecords/marriage-certificates.html. There is one form for persons who are 18 years of age and older, and a second version of the form for persons who are 16 to 17 years of age and require the consent of a parent or guardian to enter into marriage. Instructions for completing and filing the new forms are included. County probate courts may also elect to post a link to the forms on their own websites or have printed copies of the new forms available at their offices.

Under the new law, a wedding ceremony is optional. You may have a ceremony, but it is no longer required for a recognized marriage in Alabama.

The law provides that the date of the marriage is the date that the affidavit on the Alabama Marriage Certificate form is signed by the two spouses, so long as the completed and notarized form is provided to the probate office for recording within 30 days of the date of the spouses’ signatures. If the spouses sign on different dates, the date of the marriage will be the latter of the dates of the spouses’ signatures, provided the form is delivered to the probate court within 30 days of the date of that last signature.

If the spouses sign on two different dates, this means the latest date of the two signatures.

Your marriage is valid or “legal” when the properly completed, signed, and notarized Alabama Marriage Certificate form is recorded by an Alabama probate court. The marriage form must be delivered to the probate court within 30 days of the latter of the dates of the spouses’ signatures for the marriage to be valid.

The marriage would be considered invalid, and the spouses would need to complete a new Marriage Certificate form and deliver it to the probate court within the 30 days required by law.

If you are under the age of 18 but are at least 16 years of age, and have never been married, you can still marry in Alabama with the consent of a parent or guardian. The consenting parent(s) or guardian(s) must complete page 2 of the Marriage Certificate form, entitled “Affidavit of Consent for Marriage of a Minor.” For the marriage to be valid, the marriage form completed by the spouses and the Affidavit of Consent must be presented together to the probate court for recording. The final Marriage Certificate will be a two-page document.

Notaries are available at many locations, including banks, public libraries, UPS stores, AAA, and some pharmacies. Your personal bank should provide notary services for free, but there may be a charge for notary services at some of the other listed locations. Under Alabama law, a Notary Public is able to charge $5 for each signature that is notarized, and for each official act performed. Notaries who drive to meet with you can charge an additional fee or fees to compensate them for the expense of travel; Alabama does not set limits on what a notary can charge for travel. A list of commissioned notaries is available at the Alabama Secretary of State’s website.

Every county probate court in Alabama sets its fees for recording documents. Call the office of the probate court for its current recording fees, or check the court’s website to find a listing of recording fees.

You may record an Alabama Marriage Certificate form in any Alabama county probate court.

This question has been submitted to the Alabama Attorney General for guidance, and we are awaiting a response. The FAQs will be updated to reflect the Attorney General’s Opinion as soon as it is issued.

This question has been submitted to the Alabama Attorney General for guidance, and we are awaiting a response. The FAQs will be updated to reflect the Attorney General’s Opinion as soon as it is issued. Some probate courts currently provide a certified copy of the Marriage Certificate to couples and have announced that they will continue to do so, but the practice may be different from county to county.

After the probate court records the Marriage Certificate, the certificate will be forwarded to the Alabama Department of Public Health’s Center for Health Statistics. Once the certificate has been received and filed in the Center for Health Statistics, you may request certified copies of your certificate through that office. For instructions on how to request certified copies of your certificate in person, online, by mail, or by phone, visit the Center’s website. You may also call the Center for Health Statistics at 334-206-5418.

Effective January 1, 1998 license plates are to be removed by the registrant upon sale or disposal of the vehicle, for possible transfer to a replacement vehicle. Also beginning August 1, 2000, owners may be entitled to a pro rata credit for property classes paid for the remainder of their current tax year. If the vehicle is sold or reassigned, the owner may bring their supporting documents and apply for a tax credit voucher within one year.

In Houston County, the transfer fee is $8.25. In addition to paying the transfer fee, county officials are required to collect any outstanding and current property taxes on the newly acquired vehicle. Also, if the newly acquired vehicle was purchased from someone other than a licensed Alabama motor vehicle dealer, state and local sales or use tax may be due. The State of Alabama has an automotive sales tax rate of 2%. Houston County's rate is .50%. The municipal sales tax rates range from 0.50% to 2%.

• Copy of Alabama title application
• Copy of Bill of Sale
• Used Motor Vehicle Dealer Affidavit (If the application is checked as a used vehicle)
• Proof of Alabama Liability Vehicle Insurance, (NAIC, policy number, effective date)
• Each New Owners Valid Alabama Drivers License or ID Card

Yes. Act 96-733, effective January 1, 1998, provides that the owner shall retain within the vehicle the Motor Vehicle Registration Tag and Tax Receipt (or a photocopy thereof) for possible presentation to law enforcement. The fine, upon conviction, is a minimum of $50. If someone trades vehicles, he/she is required to retain within the vehicle prior to transferring the registration, a copy of the title application from the selling dealer or finance company, or the bill of sale from the individual seller. Also beginning July 1, 2001, proof of vehicle liability insurance is required for presentation to law enforcement.

• Alabama Certificate of Title ($25) for motor vehicles 35 years old and subsequent year model vehicles.
• Assessment and payment of ad valorem (personal property taxes) based on the market value of the vehicle.
• Truck and truck tractor owners are required to provide proof of payment of federal Heavy Vehicle Use Tax (Form 2290).
• Owner's proof of liability insurance (NAIC, policy number, current effective date) and valid driver's license for each owner or, if company-owned, their current FEIN.
• Payment of the appropriate registration and issuance fee ($36.25 for automobiles and trucks up to 8,000 pounds gross weight).

No.

Yes (NAIC Number, Policy Number, and VIN)

Under Alabama law, if the vehicle is being titled for the first time in Alabama or if a non-titled vehicle is being registered for the first time in a new owner's name, an inspection of the vehicle identification number is required. Thus, it would be necessary for the vehicle to be taken to the county office in order to make an application for a certificate of title and for the vehicle to be registered. Utility trailers are exempt from physical inspections.

One completes an application with the Houston County Motor Vehicle Division. The office will make inquiry to the State Motor Vehicle Division to verify if the requested letters and/or numbers are available for issuance. If so, the issuing official will collect the appropriate registration fee, and issue a registration receipt, a sixty-day temporary license plate, and the month and year decal to be placed on the new license plate. The license plate will be shipped from the manufacturing facility to the registrant (usually 60 days). A search engine for personalized messages is provided by the Alabama Department of Revenue see Reservation for Personalized License Plate.

The registrant is subject to payment of the standard registration fees based on the type of vehicle, plus an additional fee. The additional fee for a standard personalized license plate or a personalized motorcycle license plate or most distinctive license plates is $50 each time the tag is renewed.

In order to obtain the disability access license plates, the vehicle (or vehicles) must be fully or partially owned by the person with the disability. There is no limit on the number of license plates that may be obtained. Anyone obtaining the disability access license plate may obtain one placard; anyone who does not obtain the license plate may qualify for two placards. One temporary placard is available upon certification by the physician, using the application form, that the disability meets the federal criteria and is temporary. The maximum length of time for a temporary parking placard under federal law is six months. As of January 2022, physician recertification is not required for persons with long-term disabilities, instead, these individuals may self-certify.

Yes. If the vehicle was in exempt (stored, inoperable, or other unused) status the registrant should visit their local licensing official to surrender the license plate within thirty days of the MLI verification notice.

Failure to surrender the license plate within 30 calendar days of the MLI verification Notice will result in suspension of their vehicle registration.

Failure to surrender the license plate or completion of the "Request for Registration Revocation" form (MV32-7A-5) within 30 days of the MLI verification notice will result in a registration suspension. However, if the registrant was unable to surrender the plate within 30 days due to any of the reasons listed on MV Form 32-7A-11 (on the DOR website), the registrant may qualify for a "good cause" extension. The form should be completed (along with necessary documentation) and submitted to their local licensing official within 30 calendar days from the date that the "good cause" event ended. If the plate and/or a completed form MV32-7A-5 was not submitted to the local licensing official within 30 days of the MLI verification notice and if the registrant does not qualify for any of the good cause reasons listed on MV32-7A-11, reinstatement fees ($200 for first suspension; $400 for second and subsequent suspension) and evidence of current Alabama liability insurance coverage must be provided to their local licensing official to remove the registration suspension.

A Will is a document that provides the manner in which a person's property will be distributed when he dies. A person who dies after writing a Will is said to have died testate. If someone dies without writing a Will, they have died intestate.

In Alabama, the maker of a Will must be:
1. Be at least 18 years old;
2. Of sound mind; and
3. Free from improper influences by other people.

A Will must meet certain requirements set by the State to be considered valid. In Alabama, the following requirements must be met:
1. The Will must be written.
2. The Will must be signed by the maker.
3. The Will must be witnessed by two people in the manner required by the law.

Almost, but not quite. There are some limitations set by law to avoid placing hardships on the people who survive the deceased. For example, a married person cannot completely exclude the other spouse from sharing in the estate. A lawyer can best explain all of the limitations.

Any amount of property that you own constitutes your estate. Generally, the size of your estate and your family circumstances determine whether you need a Will. An estate does not have to be any particular size to justify a Will. If you have young children, or property which you would like to assure will be given to certain people, then you should consider writing a Will.

A Will should be written while the maker is in good health and free from any emotional distress. A prudent person does not wait for a catastrophe or other compelling reason to make a decision.

There is no requirement that a person consult a lawyer before drafting their own Will. However, the proper drafting of a Will can be a delicate operation, and it is best to consult someone who has experience. A lawyer can make sure that your Will is legal, and that your property will be given to the people that you intended. A lawyer can also help construct a Will so that your family may save money in administering the estate, and reduce any taxes.

A lawyer will usually charge for a Will according to the time spent in preparing the Will. If you have a small estate and a simple plan for distributing your property, then your Will should cost less than one for a large, complex estate with several people receiving property.

A person may change his or her Will as often as (s)he desires. However, the changes must meet the same requirements listed above for the original Will. It is advisable to consult a lawyer who can assist you in making changes to your Will.

A properly written and executed Will is 'good' until it is changed or revoked. Writing a second Will usually revokes the first Will. However, if there is a change in your estate or your family makeup, you may consider changing your existing Will or writing a new Will. For example, if you sell your house you may need to change your Will to reflect the change in your estate.

Once you have written your Will, you should keep it in a safe place, such as a safety deposit box at a bank which can be opened by someone else upon your death. You should also let your family know where the Will is so that they can find it when you die.