PROBATE COURT
Adoptions
Conservators & Guardians
Declaration of Legitimation
Elections
Involuntary Committment
Adult Name Changes
Wills & Instruments
Hunting and Fishing Licenses
Records & Recording
Tag Renewal
Adoptions
Filing Fee: $92.00
Birth Certificate Fee: $25.00 – Alabama (please call for all other states)
Adoption is the legal procedure through which a minor (18 years or younger) is recognized by law as becoming 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. There are several different types of adoptions which include related, unrelated, agency-placement, or private-placement, through adoption, the adoptive parent(s) have the same rights, duties, responsibilities of a natural parent. In all cases, the adoptive parent needs to contact an attorney to file the Petition for Adoption in the county where the minor resides, or where the agency is located.
Before an adoption is granted, the only people with access to the adoption records are the petitioner, the petitioner’s attorney, any attorney appointed by the Court, and the investigator. After the adoption is granted, all documents pertaining to the adoption are recorded and sealed. An alternative for the adopted child who wishes to attempt to locate his/her birth parents, would be to contact the Alabama Department of Human Resources at 334-262-9500. After the adoption is granted, the adoptee’s name will be changed as requested by the Petitioner.
If you have additional questions call (256) 354-2517.
Back to top
Conservators & Guardians
Filing Fee: $62.00
A Conservator is a person appointed by the Court to handle the financial matters and property of a minor or adult person who is incapacitated. A Guardian is a person appointed by the Court to make decisions concerning a person’s physical needs. An incapacitated person is someone who is physically and/or mentally unable to care for himself/herself.
A Conservator may be appointed when a person can no longer handle property or manage business affairs. A Guardian may be appointed when a person can no longer make decisions regarding their personal needs. The person might have property that will be wasted without a Conservator or be in need of funds to support them. In many cases, the person has entered a nursing home and has become incapacitated and needs his/her property to be sold in order to generate funds to support them while in a nursing home. In other cases, a Guardian might become necessary because the person might have suffered a stroke or other illness and be unable to respond or make medical decisions alone.
Back to top
Declaration of Legitmation
Filing Fee: $22.00
Birth Certificate fee: $25.00
A legitimation may be petitioned for by the natural, or biological father of a child for the purpose of recognizing the child as his own. The natural or biological mother of the child must consent to the legitimation.
Forms are provided in the Probate Court Office.
1. The Father of the Minor must be a legal resident of Clay County.
2. The Petitioner must present a certified copy of the child’s birth certificate. Certified copies may be obtained from the Clay County Health Department.
3. The Petitioner(s) must present picture identification, i.e., driver’s license or military identification. The Petitioner’s signature will be notarized in the Probate Court Office.
4. There must be NO father listed on the birth certificate.
5. Legitimations are processed by appointments only. Please call for an appointment.
Specific requirements vary from county to county. The requirements of the Clay County Probate Judge are listed above.
Back to top
Elections
The Judge of Probate is the Chief Election Officer of Clay County.
To check to see if you are registered to vote and polling location please visit http://myinfo.alabamavotes.gov/
If you are interested in becoming a Poll Worker for Clay County, you must qualify as follows:
1. 18 years of age,
2. A registered voter in Clay County
3. Attend poll worker school.
The Appointing Board meets prior to each election and appoints the workers from the list of qualified workers. Poll Workers generally serve in the precinct in which they vote. Each precinct has a maximum number of workers that are allowed to serve, based on the number of registered voters for that precinct. If you are chosen by the Appointing Board, you will receive a letter from the Judge of Probate of Clay County informing you of the site you’ve been assigned to, the duty you’ve been assigned, the Returning Officer of the site, and the time, place and location of the Poll Worker School.
Alabama Law requires each Poll Worker be trained prior to every election. Training sessions are held approximately one to two weeks before each election. Compensation for working the polls is one hundred dollars per election – the Returning Officer receives an additional twenty-five dollars.
Please contact us for the Poll Worker Information Sheet.
Back to top
Involuntary Commitment
Involuntary commitment is a legal procedure by which a person is placed in the custody of the State Department of Mental Health for treatment. This is done only if necessary and after every effort is made to provide treatment for the person on a voluntary basis. In order to meet the criteria for involuntary commitment, there must be clear and convincing evidence that the person is mentally ill and posess a real and present threat of substantial harm to self or others. Other required elements are that the person is unable to make a rational decision regarding the need for treatment and that without such treatment he or she will continue to suffer mental distress. The evidence brought forth by the petitioner must include personal knowledge of specific acts or behavior which signifies a real or present danger.
The petitioner is the individual who comes before the Probate Court and asks that measures be taken 
regarding a mentally ill person of at least 19 years of age. This is done in the county where the respondent is currently located. The petitioner is usually a family member, but any person may file a petition seeking commitment of another, provided that all the elements are met. Once the petition is filed, a hearing is then set within seven days, with notice given to all parties concerned, including the respondent. At the hearing, testimony is heard from all parties, and the Probate Judge determines whether the criteria for commitment have been met. Attorneys are appointed for both petitioner and respondent and all hearings are open to the public, unless otherwise requested by respondent. If an Emergency Order is needed, the Court must have a letter from a Physician stating an emergency exists.
If the criteria for commitment are met, then the Court will issue an order. Any treatment ordered must be the least restrictive alternative available and will take place at a designated mental health facility. The length of treatment is determined by the treating physician, and may be up to 150 days before a subsequent hearing on the merits will be necessary. If the criteria for commitment are not met, then the petition will be dismissed. At no time may the Court order treatment for substance abuse alone, however, there are occasions when a dual diagnosis of both substance dependence and mental illness is involved. In these cases, treatment for substance abuse must be voluntary, even if done simultaneously with psychiatric treatment.
The purpose of involuntary commitment is to provide psychiatric treatment for mentally ill individuals who have become a danger to themselves or others, and are refusing voluntary treatment. However, the Court is ever mindful of the serious deprivation of liberty which this process necessarily involves. The Due Process Clause of the Fourteenth Amendment to the U. S. Constitution applies to all citizens, whether mentally ill or not, and every effort is made to ensure that rights are not compromised and unnecessary treatment is never tolerated. The Probate Judge will always take the least restrictive measures to get help for a person with mental illness.
Back to top
Adult Name Changes
Filing Fee: $22.00 (additional certified copies are $5.00)
Forms are provided in the Probate Court Office.
1. The Petitioner must be a legal resident of the County and age 19 or older. If you are a legal resident of another county, you will need to contact the Probate Court in the county in which you reside for information on the procedure, as this process varies from county to county.
2. The Petitioner must present picture identification, i.e., driver’s license or military identification. The Petitioner’s signature will be notarized in the Probate Court Office.
3. In some cases, the Petitioner will need to provide a certified copy of his/her birth certificate and his/her social security card.
4. Name changes are processed by appointments only. Please call for an appointment.
Back to top
Wills & Instruments
Filing Fee to Probate Will - $62.00 (will not exceed five pages, additional pages $3.00 each)
A will is a document which discloses how a person wishes his or her property to be distributed after death. A will must meet certain legal requirements. The law requires that a person making a will must be 18 years of age or older, of sound mind and under no undue influence. The will must be signed by the maker and witnessed by at least two people. After a will is written, it should be kept in a safe place and the executors or personal representatives should be notified where the will is being kept.
A will should be probated within five (5) years after the person is deceased. To determine if you should probate a will, contact an attorney for legal advice.
Filing Fee to Probate Administration - $62.00
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. To determine if you should probate the estate, contact an attorney for legal advice. After the Letters are issued, an inventory is required to be filed within 60 days after appointment.
Notary Public Filing Fee $34.50
The office of a Notary Public is a serious and responsible public office and should not be taken lightly. Abuse of the office or irresponsibility in the performance of notarial duties can result in grave consequences. If a Notary Public has doubts about the propriety of any action, he/she should seek competent professional advice before he/she acts. You may want to go on line to obtain a handbook.
Must be a resident of Clay County, Alabama. Submit a notary bond for $10,000 from an insurance company. Submit $22.00 filing fee payable to Judge of Probate.
Back to top
Hunting & Fishing Licenses
Hunting and fishing licenses are required for Alabama residents 16 years old and under the age of 65 and non-residents 16 years and older. A current valid Alabama Drivers License is required to purchase a resident hunting license. Those without a Alabama Driver’s license or Picture I.D. can obtain a resident fishing or hunting license with any 3 of the following.
• Certificate of employment if containing proof of permanent residence.
• Copy of home property tax.
• Copy of previous year’s tax return(mailing address only)
• Health insurance forms with address; Medicate etc.
• The last three months of an utility bill with mailing address.
• Student ID plus copy of residence agreement or any other proof of residence listed.
• Military personnel with an out-of-state drivers license must have a copy of order of assignment to Alabama for a minimum of 30 days or have Alabama as home of record (HOR)
• Copy of school registration for non-driving students.
• Voter registration card.
• Other legal documents that may establish residence after approval by the Conservation Department Call (334) 242-3465 if you have any questions.
ALL PERSONS BORN ON OR AFTER AUGUST 1, 1977, MUST BE A CERTIFIED HUNTER EDUCATION COURSE GRADUATE BEFORE BUYING A HUNTING LICENSE.
FOR ADDITIONAL INFORMATION CONCERNING HUNTING AND FISHING, GO TO: http://www.outdooralabama.com.
Back to top
Deed and Mortgage Recording
Documents to be recorded at the Probate Judge’s Office may be brought in person or sent through the mail. Documents brought in person will be processed at that time and returned to the customer. Documents through the mail will be processed and mailed out within 2 to 3 business days.
Please mail all documents to:
Clay County Probate Office
Attn: Recording Department
P.O. Box 1120
Ashland, AL 36251
Recording Fee Schedule as of April 22, 2010
Deeds, Mortgages, Judgements, POAs, Etc.
$12.50 first page, $3.00 each additional
Mortgage Releases, Assignments, Corrections, Etc
$13.50 first page, $3.00 each additional (Any document with a cross reference)
Mortgage Tax
$0 .15 per 100.00 or fraction thereof of the fair market value (always rounded up)
Deed Tax
$1.00 per 1000.00 or fraction thereof of the fair market value (always rounded up)
No Tax Stamp
If tax is not applicable on a deed or Mortgage then a $0.50 fee shall be applied
Copies: $1.00
Certified Copies: $5.00
Back to Top
This office is unable to perform real estate searches. However, we will assist you on using the computers when time permits.
Business Licenses
Persons engaged in the operation of a business must obtain the proper city and state license prior to beginning operation. A business operating outside the city limits may only be required to purchase a State license. For further information on a City business license please contact the Ashland or Lineville City Hall. In Clay County, the State Business License must be purchased at the Office of the Judge of Probate. These licenses are valid for a fiscal year, i.e., October 1 through September 30. State business licenses must be renewed by October 31 to avoid penalties and interest charges.
Many businesses are exempt from obtaining a State business license. A determination of exemption is made by the Business License Section of the Probate Office. Office hours are 8:00 a.m. through 4:30p.m., Monday through Friday. We will be closed on all State Holidays. Additional information may be obtained by calling 256-354-2198.
Marriage Licenses
No blood test is required. Both of the parties are not required to be present to apply for a license but must bring both parties ID. Acceptable ID's: Driver's License and Picture ID. Any other forms of identification must be approved by the Judge of Probate before a license can be purchased.
Applicants divorced less than one year must provide a copy of the Final Decree of Divorce. A 60 day waiting period is required by the State of Alabama Law unless a couple is remarrying. If the applicant was divorced in a state other than Alabama, they must provide proof of the waiting period laws for that state. Also an exact divorce must be provided.
Marriage License is $47.00 and is valid for 30 days from the date of issuance.
Marriages performed in our office must be scheduled ahead and cost $64.00. This fee includes the license and ceremony.
A wall certificate is also available for $7.00.
Appointments can be scheduled by calling (256) 354-2198. We accept both cash and local checks as a form of payment. *For any applicants that are underage and wish to get married you must first speak with Judge Dianne Branch in the office or call (256) 354-2198.
Back to Top