Find Deed Records in Etowah County

Etowah County deed records are maintained at the Probate Court in Gadsden. This office serves as the official recorder for all land transfers in the county.

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Etowah County Quick Facts

102,268 Population
Gadsden County Seat
$16+$3 Recording Fee
16th Judicial Circuit

Etowah County Probate Court

The Etowah County Probate Judge handles all deed recordings. This office sits in the county courthouse on Forrest Avenue in downtown Gadsden. Staff members index documents by grantor and grantee names. They keep permanent records of every land transfer filed.

Etowah County is one of the larger counties in northeast Alabama. Gadsden is the main city and the county seat. The Probate Court has been recording deeds here for over a century. Their records show the history of land ownership in this region.

Etowah County Probate Court records search interface
Address 800 Forrest Avenue, Suite #122
Gadsden, AL 35901
Phone (256) 549-5334
Hours Monday through Friday, 8:00 AM to 4:30 PM
Website etowahcounty.org/department/probate-court

How to Search Etowah County Deed Records

Etowah County offers access to deed records through its county website. You can search basic information online. For full document images and certified copies, you may need to visit in person or contact the office directly.

To search for a deed, you should have:

  • Names of the parties involved in the transfer
  • Property address or legal description
  • Approximate date of recording
  • Book and page number if known

The staff at the Probate Office can help with searches. If you visit in person, they can show you how to use the index books or computer system. For older records not in the digital system, staff will search the physical deed books. They charge fees for copies.

Title companies and attorneys often search Etowah County records as part of real estate closings. If you are buying property, your title company will do a full search. You can also hire a title searcher to look through the records for you.

Etowah County Recording Fees

Recording fees in Etowah County are set by state law plus local additions. The county charges one of the higher first-page fees in Alabama. This covers staff time, document storage, and system maintenance.

Current fees for recording deeds in Etowah County:

  • First page: $16.00
  • Each additional page: $3.00
  • Transfer tax: $0.50 per $500 of property value
  • Certified copies: Additional fee per page

The deed transfer tax applies to most real estate transactions. Under Code of Alabama Section 40-22-1, this tax is split between the state and county. Two thirds goes to Alabama. One third stays in Etowah County. Certain transfers are exempt, including those between spouses.

Bring enough money to cover all fees when you visit. The office takes cash, personal checks, and money orders. Ask ahead about credit card policies. Fees may change, so call to confirm current amounts.

Requirements for Recording a Deed

Alabama law sets requirements for deeds. The Etowah County Probate Court enforces these rules. A deed that does not meet standards may be rejected. Check your document before you submit it.

Every deed recorded in Etowah County must include:

  • Complete legal description of the property
  • Grantor's name, mailing address, and marital status
  • Grantee's name and mailing address for tax bills
  • Derivation clause showing where grantor got the title
  • Name and address of whoever prepared the deed
  • Notarized signature of each grantor
  • Completed RT-1 form

The RT-1 form is required by the Alabama Department of Revenue. It has been mandatory since August 2012. This form reports the sale price or fair market value. Without it, the Probate Court will not record your deed.

Marital status matters in Alabama. Code of Alabama Section 35-4-73 requires it on all deeds. If the grantor is single, say so. If married, the spouse may need to sign too. The Probate Judge can refuse deeds that do not show this information.

Deed Types in Etowah County

Several kinds of deeds are filed in Etowah County. Each type has different legal effects. Choose the right one for your situation. A lawyer can advise you on which deed fits your needs.

Common deeds filed in Etowah County:

  • General warranty deed: Full protection for the buyer
  • Special warranty deed: Protection for the seller's ownership period only
  • Quitclaim deed: No warranties, just transfer of interest
  • Deed in lieu of foreclosure: Voluntary transfer to lender
  • Personal representative deed: Transfer from a deceased owner's estate

Warranty deeds are most common in sales between strangers. The seller promises the title is good and will defend it against claims. Quitclaim deeds are simpler but riskier. They just transfer whatever the grantor has. Use these between family or to fix title problems.

Related Records in Etowah County

The Probate Office records more than deeds. Other documents affect who owns land and what claims exist. A full title search checks all these records.

Other records at the Etowah County Probate Office:

  • Mortgages and deeds of trust
  • Satisfactions of mortgage
  • Mechanic's liens and judgment liens
  • Easements and restrictions
  • Subdivision plats and surveys

Tax records are kept at the Etowah County Revenue Commissioner. That office handles property assessments and tax bills. Check there for unpaid taxes or tax liens. Unpaid taxes can lead to a tax sale of the property.

Court records are at the Circuit Clerk's office. Lawsuits over property, divorces that divide real estate, and judgments against owners end up there. A judgment can attach to property as a lien.

Historical Deed Records

Etowah County was created in 1866 from parts of Blount, Cherokee, DeKalb, Marshall, and St. Clair counties. It was first called Baine County and renamed in 1868. Early records may be in those parent counties if the deed was filed before 1866.

The Secretary of State has the oldest land records for Alabama. These federal land patents show original ownership from the government. You can search them free on the Secretary of State website. They cover all of Alabama, including what is now Etowah County.

Some Etowah County records go back to the 1860s. The office has preserved these over the years. Ask staff about the availability of old records. Some may be on microfilm or in special storage.

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Cities in Etowah County

Etowah County includes several cities and towns. All deed recordings happen at the county Probate Court in Gadsden. The city where the land sits does not affect where you record.

Major cities include Gadsden, Attalla, Rainbow City, Glencoe, and Southside. Gadsden is the largest with about 33,000 people. None of these cities have populations over 100,000. All use the Etowah County Probate Court for deed records.

Nearby Counties

These counties border Etowah County. If your property is near a county line, verify which county it is in before recording a deed.