Alabama has no state registry for trusts. You do not file a trust document with the Secretary of State the way you file articles of incorporation, and no state office holds a public copy.
What does become public is the deed. When a trust takes title to real property, that conveyance is recorded with the probate judge of the county where the land sits, under Ala. Code § 35-4-50. The land record is public even though the trust document is not.
Why privacy is one of the reasons for a trust
A will, once admitted to probate, becomes part of a public court file. Anyone can read what you owned and who received it.
A trust generally does not go through that process at all. Property the trust owns passes under the trust document, administered by the successor trustee, without a court file. For families who would rather not publish their affairs, that is a genuine advantage.
| Item | Public? |
|---|---|
| The trust document itself | No — there is no Alabama registry |
| A deed conveying land into the trust | Yes — recorded with the county probate judge |
| The trust’s name and the trustee, as shown on that deed | Yes, to the extent the deed shows them |
| A will admitted to probate | Yes — part of the public court file |
| A probate estate’s inventory and accounting | Generally part of the court file |
Some people try to preserve privacy by signing a deed to the trust and not recording it. That does not work. Under § 35-4-90(a) an unrecorded conveyance is “inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice.”
An unrecorded deed to a trust gives you neither privacy nor protection. It gives you a problem the family discovers at the worst moment.
Ala. Code §§ 35-4-50, 35-4-90.What you may need instead of registration
- A certification of trust. A short document confirming the trust exists, who the trustee is and what powers they hold, without disclosing the dispositive terms. Banks and title companies generally accept one rather than demanding the whole instrument. Use it — do not hand over the full document.
- An EIN, in some circumstances. A revocable living trust using the settlor’s Social Security number during life typically does not need one. That changes on the settlor’s death or where the trust is irrevocable. This is a tax question, not a state registration question.
- A recorded deed, for each parcel of real property, in each county where land sits.
Have a trust and no idea whether it was ever funded?
The check takes minutes — we read the deed and the account titling. Call the Athens office.
Revocable by default in Alabama
Alabama adopted the Alabama Uniform Trust Code in 2006 (Act 2006-216), at Ala. Code § 19-3B-101 and following.
One default worth knowing: under § 19-3B-602(a), “unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.” Alabama trusts are revocable unless the document says otherwise — the opposite of the traditional common law rule.
If you intended an irrevocable trust, the document has to say so expressly. If you assumed a trust was locked and it does not contain that language, it is not.
What actually matters more than registration
Nobody has ever had a trust fail because it was not registered. Trusts fail because they were never funded.
Funding means retitling: a recorded deed for the house, accounts retitled into the trust’s name, business interests assigned. A trust owns only what has actually been transferred to it, and it avoids probate only for what it owns.
Questions about trust registration and privacy
Do I file my trust with the State of Alabama?
No. Alabama maintains no trust registry. You do not file the document with the Secretary of State or any county office. The deed conveying real property into the trust is recorded, but the trust instrument itself is not.
Is my Alabama trust public record?
The document generally is not. Any deed conveying land into the trust is recorded with the county probate judge and is public, which can reveal the trust’s name and trustee.
Does my trust need an EIN?
A revocable living trust using the settlor’s Social Security number during life typically does not. That changes on the settlor’s death, and irrevocable trusts are treated differently. It is a federal tax question — get advice for your situation.
What is a certification of trust?
A short document confirming the trust exists, identifying the trustee and their powers, without disclosing who inherits what. Banks and title companies generally accept one. Provide it rather than the full instrument.
Is my Alabama trust revocable or irrevocable?
Under § 19-3B-602(a), unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it. Read your document — if it does not say irrevocable, in Alabama it is not.
Do I have to record the deed transferring my house to my trust?
Yes, if you want it to work. Under § 35-4-50 conveyances are recorded with the judge of probate, and under § 35-4-90 an unrecorded conveyance is void as to later purchasers, mortgagees and judgment creditors without notice.
Bring the trust and the deed
We will tell you whether it owns what you think it owns. Serving Limestone, Madison, Morgan and the surrounding counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about estate planning or probate? Email estateplanning@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
