Find Deed Records in Henry County

Henry County deed records are filed at the Probate Court in Abbeville. This office has records going back to 1822, making it one of the older county record collections in southeast Alabama.

Henry County Probate Office

The Henry County Probate Judge records all deeds. This office handles land transfers, estate matters, and other probate work. The Probate Judge also serves as Chairman of the County Commission in Henry County. Staff index documents by grantor and grantee names and by book and page number.

Henry County is in the southeast corner of Alabama, near the Georgia and Florida borders. Abbeville is the county seat. The courthouse sits on Court Square in downtown Abbeville. Deed records here go back to 1822, just three years after Alabama became a state.

How to Search Henry County Deed Records

Henry County offers online access through a subscription service. This is different from free public portals that some counties use. A subscription fee gives you access to search and view records. For one-time searches, you may prefer to call the office or visit in person.

To search deed records, you should have:

• Name of the grantor or grantee
• Property location or legal description
• Approximate recording date
• Book and page number if known

Staff at the Probate Office can search records for you. They charge fees for copies. If you need just one or two deeds, calling the office may be cheaper than getting a subscription. For ongoing research or title work, the subscription service saves time.

Henry County has records going back to 1822. These old documents are valuable for historical research. Some have been preserved on microfilm. Ask staff about access to the oldest records when you visit.

Henry County Recording Fees

Henry County has a unique fee structure. They charge a transaction fee plus per-page fees. This is different from most counties that just charge by page. Know the fees before you go.

Current recording fees:

• Transaction fee: $5.00
• First page: $6.00
• Each additional page: $3.00
• Transfer tax: $0.50 per $500 of value

So a one-page deed costs $11 total ($5 transaction + $6 first page). A two-page deed costs $14 ($5 + $6 + $3). This adds up if you have many pages.

The deed transfer tax is set by state law. Under Code of Alabama Section 40-22-1, two thirds goes to the state. One third stays in Henry County. Family transfers and spouse transfers may be exempt from this tax.

The office takes cash and checks. Call ahead about credit cards. Fees can change, so confirm before your visit.

Recording Requirements

Alabama law sets what a deed must include. The Henry County Probate Judge checks every document. If something is missing, the office will reject it. Review your deed before you submit.

Every deed in Henry County needs:

• Complete legal description of the property
• Grantor's name, address, and marital status
• Grantee's name and mailing address
• Derivation clause showing source of title
• Name of the person who prepared the deed
• Notarized signatures of all grantors
• Completed RT-1 form

The marital status rule comes from Code of Alabama Section 35-4-73. The deed must state if the grantor is married, single, widowed, or divorced. If married, the spouse may need to sign too. Missing this can stop your recording.

The RT-1 form has been required since August 2012. This tells the state the sale price or property value. Get it from the Alabama Department of Revenue website. No deed can be recorded without it.

Types of Deeds

Several deed types are used in Henry County. Each serves a different legal purpose. All types cost the same to record and go through the same process.

Common deeds filed here include:

• Warranty deed: Full title protection
• Quitclaim deed: No warranties, just transfer
• Special warranty deed: Limited time protection
• Personal representative deed: From estates
• Tax deed: From tax sales

Warranty deeds are standard for most sales. The seller guarantees clear title and will defend it. Quitclaim deeds give no such promise. They transfer whatever interest the grantor has, which might be nothing. Use quitclaim deeds for family transfers or fixing title issues.

A lawyer can help you pick the right deed type. The Probate Office cannot give legal advice. They only handle recording.

Other Property Records

Deeds are one type of record at the Probate Office. Other documents affect property ownership too. A complete title search checks all these records.

Other records in Henry County include:

• Mortgages and deeds of trust
• Mortgage releases and satisfactions
• Judgment liens and tax liens
• Easements and restrictions
• Plat maps and surveys
• Powers of attorney

Tax records are at the Revenue Commissioner office. This is separate from the Probate Court. Check there for assessed values and unpaid taxes. Tax liens can lead to loss of property at a tax sale.

Court records are at the Circuit Clerk. Lawsuits over property, divorce decrees, and money judgments are filed there. Judgments can attach to real estate as liens.

Historical Records

Henry County was created in 1819 when Alabama became a state. It is one of the original counties. The county is named after Patrick Henry, the Revolutionary War patriot. Deed records here go back to 1822, making them among the oldest in southeast Alabama.

For even older records, check the Alabama Secretary of State. They have federal land patents from territorial times. These show who first owned each piece of land from the government. Search them free online.

Henry County has preserved its old records well. Many are on microfilm now. The 1822 records are valuable for genealogy and historical research. Staff can help you access these documents when you visit.

Cities in Henry County

Henry County has several small towns. All deed recordings happen at the county Probate Court in Abbeville. The town where land sits does not affect where you record.

Towns in Henry County include Abbeville, Headland, and Newville. Headland is the largest with about 4,700 people. None have populations over 100,000. For all deed records, contact the Henry County Probate Office.

Nearby Counties

Henry County borders these Alabama counties. Make sure you know which county your property is in before recording a deed.