What Probate Covers in Mobile County
Mobile County Probate Court covers a broad mix of judicial matters and public recording. Judicial topics listed on the official site include adoption, involuntary commitment of the mentally ill, condemnation, conservatorships, estate administration, guardianships, mediation in contested judicial matters, legitimation, name changes, and small estates under the revised Alabama Small Estates Act. Recording duties cover deeds, mortgages, liens, plats, marriage certificates, and other instruments delivered to the office.
Probate Court is separate from the Thirteenth Judicial Circuit. Probate Court is the court for wills and estates; the circuit court is the court for divorces, felonies, and large civil cases. Knowing the split saves trips and filing-fee mistakes.
Probate Terms Defined
Probate uses specialized vocabulary, and a few definitions save confusion when reading a Mobile County estate file. The list below covers the terms that come up most often in Mobile probate matters.
- Testator
- The person who made the will.
- Executor
- The person named in the will to carry it out.
- Intestate
- Dying without a valid will, in which case Alabama intestacy law sets the shares.
- Guardianship
- Court-ordered authority over personal decisions for another, such as a minor or an incapacitated adult.
- Conservatorship
- Court-ordered authority over another person's property or finances.
- Small estate
- A simplified probate procedure for qualifying low-value estates under the Alabama Small Estates Act.
How to Search Mobile County Probate Records
Use two portals together. Landmark WEB at probate.mobilecountyal.gov/public-records/records-search handles recorded land records, marriage indexes, election records, and historical estate claims through July 1, 2013. Benchmark WEB at benchmark.probate.mobilecountyal.gov handles judicial cases, dockets, and online court-cost payment.
- Decide which side you need. Land or marriage = Landmark. Judicial case or court-cost payment = Benchmark.
- Register and log in. Landmark index search is free after registration; Benchmark requires registration on first visit.
- Search by name, instrument, or case number. Use the case format printed on any invoice.
- Purchase images if needed at $0.10 per page or use a subscription for high volume.
- For paying court costs, look for the green "PAY Online" button in the case summary on Benchmark.
The Probate records search page is the source for coverage dates and image pricing.
Landmark WEB covers more than five million documents, which is why it is the right tool for historic Mobile County research.
Probate Courts in Mobile County
Mobile County has a single Probate Court, located at the Government Center Annex on Government Street next to Government Plaza. The Recording Office is on the first floor. Probate judicial matters and recording functions are both handled by the same court but at different windows. Recording hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.
Mobile County Probate Court / Recording
Government Center Annex
151 Government Street
Mobile, AL 36602
Recording Supervisor 251-574-6043
Asst. Recording Supervisors 251-574-6044 / 251-574-6046
8:00 a.m. - 5:00 p.m., Mon-Fri
The Probate Court judicial page is the source for Benchmark WEB, court dockets, costs, probate topics, continuance instructions, and bar referral information.
If you need a probate form, the official forms landing page links the petitioner information sheet, degrees of relationship chart, handbooks, and many topic-specific cover sheets.
Probate Filing Fees
Mobile Probate's initial filing fees vary by matter. The official initial filing fee page lists fees for adoption, legitimation, change of name, and other matters. The recording side has its own fee schedule for deeds, marriage certificates, and additional certified copies.
| Item | Amount |
|---|---|
| Related adoption | $65.00 |
| Non-related adoption | $111.00 |
| Adoption disclosure of identifying information | $1,000.00 |
| Legitimation | $66.00 |
| Change of name | $58.00 |
| Probate photocopy per page | $1.00 |
| Probate certification | $2.00 |
| Marriage certificate recording | $73.00 |
| Phone payment convenience fee | 5% |
| Landmark WEB image purchase | $0.10/page |
The initial filing fee page is the official source for the matter-by-matter probate filing fees.
Pay-by-phone is at 1-855-436-6812 with a 5% fee; online payment runs through Benchmark WEB after registration.
What Mobile County Probate Records Show
Probate records include the petition, the will if any, supporting affidavits, notice and service entries, inventory, accountings, court orders, and the final order closing the estate. Guardianship and conservatorship matters include care plans and annual status reports. Marriage certificates include identifying information for both parties and the recording date. Recorded deeds include grantor and grantee, instrument type, book or instrument identifier, and recording date. Image fees apply for Landmark WEB.
Restricted Probate Records
Some Mobile County probate records are not open to the public. Adoption files are confidential at Probate Court. Mental health commitment files contain medical data and are restricted. Some guardianship and conservatorship details are also restricted, especially when minors or sensitive medical information are involved. Sealed probate files are not public while sealed.
If you need a restricted record, you generally have to file a petition or motion under probate procedure. For adoption disclosure, Mobile Probate lists the matter as a judicial topic and the fee is $1,000.00 for disclosure of identifying information. Counsel is strongly recommended.