Motor Vehicles

Fees are based on the value of the vehicle and cannot be quoted until paperwork is completed in our office.

Probate Judge, Jo Ann Smith would like to remind the residents of Henry County that Persons with the last names beginning with the letter Q, S, & T, that September is the month to purchase their passengers vehicle tags, motorcycle tags, utility tags and travel trailer tags. Alabama law provides for the following vehicle registration penalties:

- $15.00 penalty for failure to register a vehicle or transfer a valid plate within 20 calendar days of date of purchase of new vehicle
- $15.00 penalty for failure to renew your tag within your designated renewal month
- $15.00 penalty for failure to register a vehicle with a valid out of state license plate within 30 days of entering the state.

Please be sure that you have the correct tag receipt for all vehicles you wish to register. Our office will not be responsible for any penalties accrued if you fail to purchase your tag(s) in the renewal month.

Please be prepared to show Drivers Licenses or State ID and proof of insurance.

View Tags

www.ador.state.al.us/

Motor Vehicles Titles and Registration

Alabama Resident buys vehicle from out of state or owner moved into Alabama from another state with no Lienholder (1975 or Newer Vehicle).

1. Original Title or Statement of Origin.
2. Vehicle.
3. Owner or Person Appointed by Power of Attorney.
4. Bill of Sale, if New Purchase.
5. Last tag Registration (Optional).
6. Vehicle Mileage.
7. Current Address of Owner.
8. Original Power of Attorney, if Appointed.
9. Vehicle must be insured.

Owner Moved into Alabama from another State with Lien on Vehicle.

1. Copy or Fax Copy of Title (Office fax number(334)585-3610.
2. Loan Account Number.
3. Vehicle.
4. Owner or Person Appointed by Power of Attorney.
5. Last Tag Registration (Optional).
6. Vehicle Mileage.
7. Current Address of Owner.
8. Original Power of Attorney, if Appointed.
9. Vehicle must be insured.

1974 or Older Vehicle.

1. Vehicle Last Tag Registration.
2. Bill of Sale, if New Purchase.
3. Vehicle must be insured.

1975 or Newer Vehicles which are 15 years or older and Last Tagged in Georgia, Purchase by Alabama Residents.

1. Original Tag Registration from Seller.
2. Notarized Bill of Sale from Seller (Must be same person as above).
3. Vehicle must be insured.

Lessee Moves into Alabama from another State (1975 or Newer Vehicle).

1. Original Title or Statement of Origin.
2. Original Power of Attorney from Lessor.
3. Vehicle.
4. Lease Information.
5. Last Tag Registration (Optional).
6. Vehicle Mileage.
7. Current Address of Lessee, and Lienholder if Any.
8. Lessee or Person Appointed Power of Attorney by Lessor.
9. Vehicle must be insured.

Alabama Resident Buys from Dealer (1975 or Newer Vehicle).

1. Application for Title.
2. Bill of Sale with Paid Sales Tax Listed.
3. Tag Information on New Vehicle.
4. If Tag Transfer, Need Current Tag Information.
5. Vehicle must be insured.

Alabama Resident Buys from Dealer (1974 or Older Vehicle).

1. Bill of Sale with Paid Sales Tax Listed.
2. Tag Information on Vehicle Purchased.
3. If Tag Transfer, Need Current Tag Information.
4. Vehicle must be insured.

Alabama Resident Buys from another Alabama Resident (1975 or Newer).

1. Original Title, Assigned Completely and Correctly.
2. Bill of Sale, Witnessed or Notarized.
3. Tag Information on New Vehicle.
4. If Tag Transfer, Need Current Tag Information.
5. Vehicle must be insured.

Alabama Resident Buys from Alabama Resident (1974 or Older).

1. Bill of Sale, Witnessed or Notarized.
2. Tag Information on New Vehicle.
3. If Tag Transfer, Need Current Tag Information.
4. Vehicle must be insured.

The State of Alabama requires Mobile Homes and Travel Trailers to be Titled if they are (1990 Newer).

Personalized Tags

At an additional price Alabama offers many personalized and specialty tags options click here to view tag types:

https://www.alabamainteractive.org/dorpt/UserTagChoice.str

Boat Registration

You may renew your boat registration by mail or by coming in to the local office.

New Purchase.

1. Bill of Sale, Witnessed or Notarized.
2. Last Boat Registration.
3. If no last registration, you will need Alabama "AL Numbers" or "Hull ID Numbers" off the boat.

Business License

State business license are issued by the Henry County Probate Judge's Office which are valid for a fiscal year, October 1 through September 30. Licenses must be renewed by November 1 to avoid penalties and interest charges. Remember certain businesses dealing with food and beverages must obtain a Health Department Inspection Certificate. The State of Alabama Business handbook is available click on the link below to view:

http://www.ador.state.al.us/licenses/index.html

Marriage License

1. Each applicant must provide an official picture ID and social security card.
2. The fee for a marriage license is $45.00 and must be used within 30 days from the date of issuance.
3. The fee for a marriage license and courthouse ceremony is $60.00 and taken by appointment only Monday through Thursday. We will not take appointments on Friday but walk-ins are welcomed.
4. The licenses are valid for the state of Alabama, and may not be used in any other state.
5. The legal age to marry without parental consent is 18, and individuals who are 16 and 17 must have parent consents.
6. For further details on consents and any other questions contact our office 334-585-3257.

Driver License

The fee to renew a Drivers license is $25.50 and a duplicate license is $20.50.

Licenses and ID cards may be renewed or duplicates Monday through Friday from 8:00am to 4:30pm. In order to obtain a learners licenses and Drivers licenses for the first time customers must go to the State Department of Public Safety. The examiner will be at the Henry County Probate Office Downstairs Courtroom every Wednesday. The legal age to obtain a learner licenses is fifteen, and a driver licenses is sixteen. For further question or concerns contact Public Safety (334) 983-5616.

Hunting and Fishing Licenses

State hunting and fishing licenses are required for persons between the ages of sixteen and sixty-five. Individuals 65 and older are exempt from licensing but must have verification of age. The following is needed to issue hunting or fishing licenses:

1. Valid Alabama Driver Licenses or non-driver Identification card.
2. Proof of residency.
3. Hunting licenses education card if born on or after August 1,1977. To obtain more information on hunters education click on link below:
http://www.outdooralabama.com/hunting/education

All other information concerning hunting or fishing licenses click on link below:
http://www.outdooralabama.com

Recording

The Probate Judge is required to preserve all documents, files, papers, and orders together with attachments required by law to be recorded and filed on his office. These records must be kept in a manner to permit convenient reference.

Vault Records

1. Marriages 1882 to the present.
2. Deeds 1822 to the present.
3. Mortgages 1912 to the present.
4. Probate Court 1839 to the present.
5. Newspapers 1867 to the present.

Instruments to be recorded

Probate Judges must keep large and well-bound books for recording, word for word, deeds and mortgages and all other instruments authorized to be recorded. These records are kept on microfilm or imaging systems in some counties.

The following records when executed in accordance with the law shall be admitted to record in the office of the probate judge:

1. Plats or maps.
2. Judgments and liens.
3. Deeds, mortgages, deeds of trust, bill of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property, all assignments of mortgages.
4. Petitions, decrees, or orders of bankruptcy.
5. Corporations and other forms of business organizations.
6. Lis pendens.
7. Marriage licenses and military discharges.
8. Documents and instruments concerning condominiums.
9. Mortgages on personal property. (Information above was gathered from Alabama Law Institute pamphlet 2001).

Henry County Probate Office Recording Fees

1. Transaction Fee on all instruments filed for recording $5.00.
2. Recording Fees for documents filed for recording irrespective of size type First Page $6.00 and each Additional Page $3.00.
3. An Additional Fee for indexing each name, in excess of two entered in the direct index or excess of two entered in the reverse index, includes each name more than two Grantors or Grantees, Mortgagors or Mortgagees, Lessors or Lessees, Transferors or Transferees, Assignors or Assignees, Buyers or Sellers, Vendors or Vendees: $1.00 Per Name.
4. Deed Tax Per $500.00 = $.50 or Per $1,000.00= $1.00 or Fraction Thereof.
5. Mortgage Tax Per $100.00=$.15 or Per $1000.00= $1.50 or Fraction Thereof.
6. Plats- Per Map $33.00.
7. Notary Publics- Appointment for 4 years $23.00.
8. Articles of Incorporation for profit: Henry County Probate $58.00 and Secretary of State Fee $40.00.
9. Articles of Incorporation for Non-Profit: Henry County Probate $33.00 and Secretary of State Fee $20.00.
10. Limited Liability Corporation: Henry County Probate Fee- $43.00 and Secretary of State Fee $40.00.
11. Claims Against Estate Fee - $8.00 and to Release the Claim $8.00.

Any other question or concerns about the above information contact the recording department at (334) 585-3257 Monday through Friday from 8:00 am to 4:30 pm

Courts

This following information which is based on Alabama law, is to inform and not advise. No person should ever apply or interpret any law without the aid of a lawyer who analyzes the facts, because the facts may change the application of the law. See below:

Elections

The Probate Judge is an elected county official and is the chief election official in each county. Some of those duties are as follows: Administration of polling places, appointment of poll workers (as part of an appointing board) ministerial duties associated with the Fair Campaign Practices Act, and the canvassing of county election results (with the Circuit Clerk and Sheriff).

For more information concerning elections contact the Henry County Probate Office (334) 585-3257 or click on the link for general information:
http://www.sos.state.al.us/

Estates & Wills

What Is A Will?

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

Who May Make A Will?

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.

How Do I Make A Will?

A Will must meet certain requirements set by the State to be considered valid. The Will must be written, signed by the maker, and witnessed by two people in the manner required by the law.

What Happens To My Property If I Do Not Write A Will?

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.

Steps In Probate Of An Estate:

1. File Petition.
2. Take immediate control of the estate.
3. Inventory of the estate within 2 months.
4. Bond (May be waived in a Will).
5. Notice must be given to all heirs.
6. Letters of Testamentary (administration) granted.
7. Notice to file claims must be published 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 administrator's fees.

Guardians and Conservatorships

What Is A Conservator And A Ward?

A conservator is a person who is appointed by the court to manage the assets of a minor or incapacitated person. A ward is the legal name for a person for whom a guardian has been appointed.

Who Is An Incapacitated Person?

A person who is unable to manage their personal needs and/or assets and business affairs because of: mental illness, mental deficiency, physical infirmities accompanying advanced age, chronic use of drugs or alcohol, confinement, detention by foreign power or disappearance

When Can A Conservator Be Appointed?

A conservator may be appointed When an incapacitated person is unable to manage assets and business affairs, and (a) has assets that will be wasted without proper management or (b) funds are needed to support the incapacitated person or one entitled to support from the incapacitated person.

What Is The Difference Between A Guardian And A Conservator?

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

What Is A Guardian?

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

Can A Parent Or Spouse Appoint A Guardian?

Yes, in a Will a parent may appoint a guardian for a minor child or for an unmarried incapacitated child. A person may appoint a guardian for his or her incapacitated spouse in a Will.

Involuntary Commitments

What Is An Involuntary Commitment?

A procedure whereby a person is involuntarily placed in the custody of the State Department of Mental Health for treatment.

What Procedure Is Used To Initiate An Involuntary Commitment?

Any person may seek to have another person committed by filing a petition with the Probate Court. The petition must contain the following:
a. name and address of the petitioner; and
b. name and location of alleged incapacitated person's spouse, attorney or next of kin; and
c. that petitioner has reason to believe the person is mentally ill; and
d. petitioner's beliefs are based on specific behavior, acts, attempts or threats which are described in detail; and
e. names and addresses of other people with knowledge, of the person's illness or who observed the person's overt acts and who may be called as his witnesses.

Must There Be A Hearing?

Yes, a hearing is to be held by probate judge without a jury and it is open to the public unless requested otherwise by the respondent (defendant). Commitment is granted only if the elements required are established by clear, unequivocal and convincing evidence.

What Are The Results Of The Hearing?

If commitment is granted, the order shall be entered for outpatient or inpatient treatment The least restrictive alternative necessary and available for the treatment of the person's mental illness shall be ordered. Inpatient treatment may be ordered at a state or a designated mental health facility. Outpatient treatment may be ordered at a designated mental health facility if said facility consents to treat the defendant on an outpatient basis.