Alabama Power of Attorney for Real Estate: Recording, Deeds, and Property Sales

Using a power of attorney for real estate in Alabama adds a layer of requirements that most families discover too late — at the closing table, when the title company rejects the document, or at the county probate office, when the recorder sends it back for a missing preparer clause.

Here is what Alabama law requires to use a POA for property transactions.

Recording Is Mandatory

Under Alabama Code Section 35-4-28, any power of attorney authorizing an agent to sell, convey, mortgage, or encumber real property must be recorded in the probate office of the county where the property sits. Recording creates a public chain of title — it proves to any future buyer or title searcher that the agent had legal authority to sign the deed.

Without recording, a title company will not insure the transaction, and a buyer's lender will not close.

County Probate Office Requirements

Alabama's 67 county probate offices enforce strict formatting and content rules. Missing any one of these means rejection:

Preparer statement. The first page must explicitly state the name and address of the person who prepared the document: "This instrument was prepared by: [Name], [Address]." This is an absolute requirement — no exception, no workaround.

Marital status. The document must state whether the principal is married or single. This ties to Alabama's constitutional homestead protections, which require both spouses to sign any conveyance of homestead property — even if only one spouse owns the land. If the principal is married, the non-owning spouse may need to sign a joinder.

Legal property description. A street address is not sufficient. The POA must include a formal legal description using metes and bounds, section-township-range references, or plat book and page coordinates. Many counties also require a derivation clause tracing the title back to the deed by which the principal acquired the property.

Formatting rules. Documents must be on standard white paper (8.5" x 11" or 8.5" x 14"), with a minimum 10-point font size. The first page must have a completely blank 3" x 3" space in the top right corner for the recorder's stamp. Multi-page filings should not be stapled.

Notarization. A notarized POA with a legible seal does not require witnesses for recording. However, if the notary seal is absent or illegible, the document must be attested by two independent adult witnesses (age 19 or older in Alabama).

Recording Fees by County

Some counties, like Lauderdale and Madison, also require the Real Estate Sales Validation Form (Form RT-1) for transfers. Checks are typically payable to the Judge of Probate.

How the Agent Signs a Deed

When an agent signs a real estate document on behalf of the principal, the signature format matters. The correct format is:

[Principal's Name], by [Agent's Name], as Attorney-in-Fact

This makes clear that the agent is not signing in their own capacity. The title company, county recorder, and any future title examiner need to trace the signature back through the recorded POA to the principal's ownership.

Selling Property as an Agent

To sell real property under a POA in Alabama:

1. The POA must specifically grant real estate authority — either general real property authority or a specific grant for the property being sold
2. The POA must be recorded in the county where the property sits before or at the time of closing
3. If the authority involves hot powers (like transferring property to the agent themselves), those must be individually initialed
4. The agent must act in the principal's best interest — selling at fair market value, not at a discount to a friend

Title companies will review the POA before closing to verify it grants sufficient authority and is properly recorded. Having the POA reviewed and recorded weeks before the closing avoids last-minute rejections.

Common Rejection Points

• Missing preparer clause (the single most common reason for recording rejection)
• Street address used instead of legal property description
• No marital status disclosed
• Blank 3" x 3" space missing from first page
• Notary seal illegible or expired
• POA does not specifically authorize the type of real estate transaction being conducted

The Alabama Power of Attorney Kit includes a county recording guide with formatting checklists, property description requirements, and the correct agent signature format for deeds.

See more Alabama guides →