Updated October 11, 2026. Quick answer: An acknowledgment before an officer substitutes for witness attestation under the Code, and the Code prints the form of acknowledgment to be used on conveyances admitted to record; whether a notary acknowledgment is mandatory for recording is UNVERIFIED. Shelby County Probate lists a fee for filing and recording documents of $3.00 per page; no statewide recording-fee statute was read.
Alabama quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | An Alabama conveyance of land must be written or printed, signed at its foot by the grantor (or an agent with written authority), and its execution attested by one witness, or by two witnesses who can write if the grantor cannot write or can write but has his name written for him by another; a statutory acknowledgment before an officer takes the place of the witness. |
| Witnesses | Execution must be attested by one witness, or by two witnesses if the party cannot write or his name is written for him by another; a statutory acknowledgment operates as compliance with the witness requirement. |
| Notary or acknowledgment | An acknowledgment before an officer substitutes for witness attestation under the Code, and the Code prints the form of acknowledgment to be used on conveyances admitted to record; whether a notary acknowledgment is mandatory for recording is UNVERIFIED. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Office of the judge of probate of the county where the land lies. Shelby County Probate lists a fee for filing and recording documents of $3.00 per page; no statewide recording-fee statute was read. |
| State transfer tax | Alabama requires a state privilege or license tax on a deed to be paid before it is received for record, at $.50 for each $500 or fraction thereof of the property’s value ($.50 where the value is $500 or less), with the probate judge collecting it. Only the value above any mortgage on which the mortgage tax has been paid is taxed, and two-thirds of the tax goes to the state and one-third to the county. A deed executed for a nominal consideration to perfect title to real estate is not subject to the tax; the documents read name no gift or family exemption. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | Alabama Legislature (Legislative Services Agency); Shelby County Probate Court, Alabama; Alabama Department of Revenue |
Signing, witnesses and the notary in Alabama
An Alabama conveyance of land must be written or printed, signed at its foot by the grantor (or an agent with written authority), and its execution attested by one witness, or by two witnesses who can write if the grantor cannot write or can write but has his name written for him by another; a statutory acknowledgment before an officer takes the place of the witness.
An acknowledgment before an officer substitutes for witness attestation under the Code, and the Code prints the form of acknowledgment to be used on conveyances admitted to record; whether a notary acknowledgment is mandatory for recording is UNVERIFIED.
Witnesses: Execution must be attested by one witness, or by two witnesses if the party cannot write or his name is written for him by another; a statutory acknowledgment operates as compliance with the witness requirement.
The text itself:
- Code of Alabama 1975 Title 35 Chapter 4 (Sections 35-4-20, 35-4-21, 35-4-23, 35-4-29, 35-4-50, 35-4-51), ALISON Code of Alabama API: “Conveyances for the alienation of lands must be written or printed”
- Code of Alabama 1975 Title 35 Chapter 4 (Sections 35-4-20, 35-4-21, 35-4-23, 35-4-29, 35-4-50, 35-4-51), ALISON Code of Alabama API: “the execution of such conveyance must be attested by one witness”
- Code of Alabama 1975 Title 35 Chapter 4 (Sections 35-4-20, 35-4-21, 35-4-23, 35-4-29, 35-4-50, 35-4-51), ALISON Code of Alabama API: “operates as a compliance with the requisitions of section 35-4-20”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: Office of the judge of probate of the county where the land lies. Shelby County Probate lists a fee for filing and recording documents of $3.00 per page; no statewide recording-fee statute was read.
The text itself:
- Code of Alabama 1975 Title 35 Chapter 4 (Sections 35-4-20, 35-4-21, 35-4-23, 35-4-29, 35-4-50, 35-4-51), ALISON Code of Alabama API: “must be recorded in the office of the judge of probate”
- Probate Public Fees: Shelby County: “Filing and recording, including recording documents filed for record, per page $3.00”
Transfer tax and a gift to a family member
Alabama requires a state privilege or license tax on a deed to be paid before it is received for record, at $.50 for each $500 or fraction thereof of the property’s value ($.50 where the value is $500 or less), with the probate judge collecting it. Only the value above any mortgage on which the mortgage tax has been paid is taxed, and two-thirds of the tax goes to the state and one-third to the county. A deed executed for a nominal consideration to perfect title to real estate is not subject to the tax; the documents read name no gift or family exemption.
Between family members: Not found in the documents read.
The text itself:
- Code of Alabama 1975 Title 40 Chapter 22 (Sections 40-22-1 through 40-22-5), ALISON Code of Alabama API: “$.50 for each $500 or fraction thereof in value of property conveyed”
- Code of Alabama 1975 Title 40 Chapter 22 (Sections 40-22-1 through 40-22-5), ALISON Code of Alabama API: “Deeds or instruments executed for a nominal consideration for the purpose”
- Recordation Tax: “$.50 per $500 of value or fraction thereof”
Other filings the documents mention
An instrument presented for record must be accompanied by proof of the actual purchase price or, if not sold, of the actual value, using a form the Department of Revenue develops. A person who intentionally fails to give that proof after a request, or who presents false proof, pays a penalty of $100 or 25 percent of the tax due, whichever is greater; instruments that convey only leaseholds, easements or licenses are excepted from the proof requirement.
The text itself:
- Code of Alabama 1975 Title 40 Chapter 22 (Sections 40-22-1 through 40-22-5), ALISON Code of Alabama API: “shall be accompanied by proof of the actual purchase price”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the Alabama transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Alabama has a statutory quitclaim form: not found in the documents read.
- The recording fee shown is one county’s published figure; other Alabama counties publish their own.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- The Code of Alabama site is script-only, so the statute text is read from the Legislature’s own JSON API, and no statewide recording-fee statute was read.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Treating the one-county recording fee above as the fee in every Alabama county.
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim vs warranty deed for a family transfer, Alabama probate cost, and whether Alabama has an estate tax.
Sources
- Code of Alabama 1975 Title 35 Chapter 4 (Sections 35-4-20, 35-4-21, 35-4-23, 35-4-29, 35-4-50, 35-4-51), ALISON Code of Alabama API: https://alison.legislature.state.al.us/api/code-of-alabama?page=65
- Code of Alabama 1975 Title 40 Chapter 22 (Sections 40-22-1 through 40-22-5), ALISON Code of Alabama API: https://alison.legislature.state.al.us/api/code-of-alabama?page=75
- Probate Public Fees: Shelby County: https://www.shelbyal.com/DocumentCenter/View/892/Probate-Public-Fees
- Recordation Tax: https://www.revenue.alabama.gov/tax-types/recordation-tax/
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.