Yes, you can close on Alabama property remotely. It happens constantly — out-of-state buyers, sellers who have already moved, families settling an estate from three states away.
What does not move online is the paperwork trail. The deed still has to satisfy Ala. Code § 35-4-20, the signature still has to be attested or acknowledged, and the deed still has to be recorded with the probate judge of the county where the land sits under § 35-4-50. Skip that last step and § 35-4-90 makes the conveyance void as to a later purchaser without notice.
⚠ Wire Fraud Warning
We will never send wire instructions by email, and we will never email you a change to instructions you already have. Any such message is fraudulent, even if it appears to come from us.
Before transferring any funds, call 256-434-1678 using a number you already have — not a number from an email — and confirm verbally with someone you know.
This is the most common way money is lost in a real estate transaction, and one phone call prevents it.
What “remote closing” actually means in Alabama
Two different things get called the same thing, and the difference matters:
| Method | How it works | Where it is used |
|---|---|---|
| Mail-away closing | The closing package is sent to you. You sign in ink in front of a notary wherever you are, and send the originals back | Long-established, universally accepted, works for out-of-state and overseas parties |
| Remote notarization | The notarial act is performed over audio-video rather than face to face | Alabama’s framework here is narrower than the “remote online notarization” available in some states. Confirm what your closing attorney and title underwriter will accept before you rely on it |
If you closed in Florida or Texas by clicking through a fully electronic signing, do not assume the same process works on Alabama land. Alabama’s rules on how a notarial act may be performed remotely are narrower than several neighbouring states, and title underwriters set their own additional requirements on top.
Ask the question early — before the contract sets a closing date you cannot meet.
Confirm with the closing attorney and title underwriter for your specific transaction.Who is allowed to conduct an Alabama closing
This is worth understanding before you pick a provider, because it is genuinely different from what people expect.
Alabama is not an “attorney-only” closing state. In Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983), the Alabama Supreme Court enjoined non-lawyers from conducting closings at which they gave legal advice or expressed opinions on the effect of legal documents — and treated filling in blanks on preprinted forms as preparing documents.
The Alabama State Bar addressed the practical line in Ethics Opinion RO-94-01: non-lawyers can conduct the actual closing, but “a layman may not take the place of an attorney and must only perform ministerial functions,” and “under no circumstances should a layman conducting a closing give or attempt to give ‘legal advice’ to a customer.” If a legal question comes up, the proceeding should stop and the parties be told to consult their attorneys.
Someone can host your closing and handle the ministerial steps. Preparing the deed and answering the question “what does this actually do to my title?” is the practice of law under Ala. Code § 34-3-6 and has to be done by a licensed Alabama attorney.
So the useful question is not “is a lawyer required?” It is “who is preparing my deed, and who answers when something on the title search looks wrong?”
Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983); Ala. State Bar RO-94-01; Ala. Code § 34-3-6.Closing from out of state?
Tell us where you are and when you need to close. We handle mail-away closings for buyers, sellers and estates across North Alabama.
The deed requirements that do not change
Ala. Code § 35-4-20 requires a conveyance to be written or printed, signed at its foot by the contracting party or an agent with written authority, and attested by one witness — or two witnesses if the party cannot write, or signs by mark or by another’s hand.
In practice almost nobody uses a witness, because § 35-4-23 provides that an acknowledgment “operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses.” That is why Alabama deeds are notarized. Section 35-4-24 lists who may take the acknowledgment — notaries public, probate judges, court clerks and various judges.
Recording, and why it is the step that protects you
Under § 35-4-50, conveyances required by law to be recorded “must be recorded in the office of the judge of probate.” Not the circuit clerk. The probate office of the county where the land is located.
Section 35-4-90(a) is the reason it matters: an unrecorded conveyance is “inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers.”
A signed deed sitting in a drawer is a risk, not a title.
What recording costs
Two separate charges: the recording tax set by state law, and the county recording fee.
| Instrument | Rate | Per $1,000 |
|---|---|---|
| Deed | $0.50 for each $500 or fraction of the value conveyed | $1.00 |
| Mortgage | $0.15 for each $100 or fraction of the initial indebtedness | $1.50 |
| County | First page | Each additional page |
|---|---|---|
| Limestone | $4.00 (includes probate fee) | $3.00 |
| Madison | $25.75 | $2.50 |
| Lauderdale | $16.00 | $3.00 |
| Colbert | $8.00 | $3.00 |
Madison County also requires the RT-1 validation form with deeds, at an additional charge. Counties not listed do not publish their schedules online — call the probate office.
How a mail-away closing actually runs
- Tell us early that you will not be presentIdeally when the contract is signed. It changes the timeline, and a contract with a closing date that assumes everyone is in the room creates avoidable pressure.
- Title work and the closing packageSearch, title commitment, deed preparation, settlement statement. The package is sent to you by courier or secure delivery.
- You sign in ink, in front of a notary, where you areAny commissioned notary in your state can take the acknowledgment. Do not sign anything before you are in front of them.
- Originals come backBy overnight courier. Copies and scans do not record — the probate office needs the original with the original acknowledgment.
- Funds and disbursementBy wire, on the schedule set out in the settlement statement. Verify wire instructions by phone using a number you already have, never one that arrived by email.
- RecordingThe deed and mortgage go to the probate office in the county where the land sits, and the recording tax and fee are paid.
Closing wire fraud is the most common way money is lost in a remote transaction. Criminals monitor email, then send altered wire instructions that look exactly right.
Rule: never accept wire instructions from an email, and never accept a change to instructions you already have. Call the office using a number you already had, and confirm verbally before sending anything.
This applies to every closing, everywhere. It matters more when nobody is in the room.Questions about remote Alabama closings
Can I buy property in Alabama without ever coming to Alabama?
Yes. Mail-away closings are routine — the package is sent to you, you sign in ink in front of a notary wherever you are, and the originals come back for recording. The deed still has to be recorded with the probate judge of the county where the land sits.
Do I need an Alabama attorney to close on Alabama property?
Alabama does not require an attorney to host the closing. But under Coffee County Abstract & Title Co. v. State and Ala. State Bar RO-94-01, a non-lawyer may only perform ministerial functions and may not give legal advice; preparing the deed is the practice of law under § 34-3-6. The practical question is who prepares your deed and who advises you when the title search shows a problem.
Can the deed be signed electronically in Alabama?
Do not assume so. Alabama’s framework for performing notarial acts remotely is narrower than the fully electronic remote online notarization available in some states, and title underwriters impose their own requirements. Confirm with the closing attorney and the title underwriter before your contract commits you to a date.
Where does an Alabama deed get recorded?
In the office of the judge of probate for the county where the property is located — Ala. Code § 35-4-50. Under § 35-4-90 an unrecorded conveyance is void as to later purchasers, mortgagees and judgment creditors without notice.
How much is the deed tax in Alabama?
Ala. Code § 40-22-1 sets it at $0.50 for each $500 or fraction of the value conveyed — $1.00 per $1,000. Mortgages are taxed under § 40-22-2 at $0.15 per $100 of initial indebtedness, or $1.50 per $1,000. County recording fees are charged on top.
What if the seller is out of the country?
Workable, but plan for it. The acknowledgment usually has to be taken before a US consular officer or another officer authorized to take acknowledgments, and courier time runs longer. Raise it as soon as the contract is signed, not the week of closing.
Tell us where you are and when you need to close
We handle residential and commercial closings, title work and deed preparation for buyers, sellers and estates across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence 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 a real estate matter? Email closing@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
