Alabama Name Change Laws: Probate Court Process and Fees

Alabama does not run its adult name-change process through a single statewide statute the way many other states do. Instead, adults petition the probate court in their county of residence under a general grant of authority in the Alabama Code, and the practical details, forms, added charges, and whether the court requires published notice, vary from one probate court to the next.

That county-by-county variation is the single most important thing to understand about changing your name in Alabama. This guide covers how the adult petition works, how a minor petition works and who has to consent, what happens to a name after divorce, and the restrictions that apply to registered sex offenders and people with certain criminal histories.

Information last verified on 2026-09-01. This article has not yet been reviewed by a licensed lawyer.

How to Legally Change Your Name as an Adult in Alabama

Adults change their name in Alabama by filing a written declaration with the probate court in the county where they live. The authority comes from Ala. Code Section 12-13-1, which gives the probate court power over «the change of the name of any adult residing in their county, upon his or her filing a declaration in writing, signed by him or her, stating the name by which he or she is known and the name to which he or she wishes it to be changed.»

Alabama's general age of majority is 19 (Ala. Code Section 26-1-1), a year later than most states, which is consistent with the 19-and-older threshold reported by Legal Services Alabama for who may file as an adult.

Because Section 12-13-1 does not set a statewide procedure, the practical steps, the exact form, whether the court schedules a hearing, and whether it requires published notice, are set locally by each of Alabama's 67 probate courts. The Alabama State Bar publishes a statewide petition form, PS-12 (Request to Change Name), that many counties accept, but a reader should always start by contacting or checking the website of their own county probate court rather than assuming a single statewide process.

Filing Fee

Alabama does set a statutory fee for a name change. The statewide probate fee schedule at Ala. Code Section 12-19-90(a)(8) lists «Proceedings in change of name ..... 15.00», so $15 is the statutory base charge for the petition itself.

What you actually pay at the counter is usually more than $15, and the same statute explains why. Subsection (b) prices out individual services a name-change file can generate, including filing petitions and other papers ($3.00 each), docketing the cause ($10.00), an order of publication ($3.00) and posting it ($3.00), examining and entering the decree ($3.00), drafting the decree ($10.00), and each certificate with seal ($3.00).

Subsection (d) then provides that Section 12-19-90 «shall not repeal, amend nor affect any local law or general law of local application prescribing fees for judges of probate», so a county operating under its own local fee law may charge on that basis instead. Subsection (e) exempts counties in Category 2, as defined in Section 11-2A-1, and Cullman County from the fee increases Act 2000-108 made to subsections (a) and (b).

Counties may also charge separately for a background check where one is required. The practical result is a $15 statutory base plus itemized and local charges that differ from county to county, so ask your probate court for its current total before you go.

What the PS-12 Form Requires

The Alabama State Bar's PS-12 petition asks the adult petitioner to declare, under oath, that they have never been convicted of a felony, a crime of moral turpitude, or a criminal sex offense. That declaration functions as a real, practical eligibility screen, separate from whatever discretion the probate judge exercises case by case. Alabama defines what counts as a sex offense in Ala. Code Section 15-20A-5, which lists the offenses that bring a person within the state's sex offender registration and community notification chapter.

Minor Name Changes

Alabama does have a statewide statutory basis for an ordinary minor name change, and it sits in the same section that covers adults. Ala. Code Section 12-13-1(b)(11) gives the probate court original and general jurisdiction over «the change of the name of any minor residing in their county, upon the filing of a declaration in writing, signed by the parent or legal guardian of the minor, stating the name by which the minor is known and the name to which it is to be changed, along with the consent from all persons who have natural parental or legal rights of the minor.» The subdivision adds that «Consent of the minor is required if the minor is 14 or more years of age.»

So a minor petition tracks the adult one in form, a written declaration filed in the county where the minor resides, with two additional requirements. The declaration is signed by a parent or legal guardian rather than by the person whose name is changing, and it has to carry the consent of everyone who holds natural parental or legal rights over the child. In practice that means a second parent's consent is part of the filing, not an optional courtesy. A child who is 14 or older must also consent personally.

Two situations fall outside subdivision (b)(11) by its own terms. It does not apply to a minor who is involved in a domestic relations matter pending in the circuit court, and it does not apply to a minor whose name is ordered by a court to be changed under the Uniform Parentage Act. In either case the name question belongs to the court already handling the matter, so a parent in the middle of a custody or divorce case in circuit court should raise it there rather than opening a separate probate declaration.

A narrower statute covers legitimation. Section 26-11-3 lets a father petition to change a child's name at the time of legitimation or afterward, with notice to the child's mother, who has 30 days to file an objection or consent. The probate court appoints a guardian ad litem to represent the child if the mother objects in time or if the court otherwise finds the appointment to be in the child's best interest, then holds an informal hearing and decides the name question on the best interest of the child.

Because Section 12-13-1 confers jurisdiction rather than procedure, the exact form, added charges, and any local notice practice for a minor petition are still set by the county probate court, so confirm those details locally before filing.

Name Change After Divorce

Alabama's divorce law is governed by Title 30 of the Alabama Code. Neither the research behind this guide nor the Alabama Code itself turned up a specific, numbered statute restoring a former or maiden name as part of a divorce decree. That does not necessarily mean no restoration mechanism exists, some Alabama divorce decrees include a name-restoration clause as a matter of court practice, but it is not confirmed as a distinct statutory right the way it is in many other states. Anyone seeking to restore a former name through divorce should raise the request directly with the family court handling the divorce, or ask about it in the divorce petition itself. See Alabama divorce laws for the broader divorce process.

Publication and Notice

Alabama has no statewide publication statute for name changes. In practice, notice requirements vary by county: some probate courts, including Mobile County, maintain published guidance suggesting local notice or publication is required, while others do not clearly require it. There is no single, confirmed statewide rule, so ask your county probate court directly whether publication applies to your petition. Where a court does order publication, Section 12-19-90(b) prices the order of publication and its posting as separate charges.

Restrictions

Beyond the felony and moral-turpitude declaration on the PS-12 form, Alabama law places a near-total bar on name changes by registered sex offenders. Ala. Code Section 15-20A-36 allows a registered sex offender to change their name only if the change is incident to a change in marital status or necessary to exercise their religion, and any change that is granted must be reported to local law enforcement immediately. Beyond that statute and the PS-12 declaration, the probate court retains general discretion to grant or deny a petition.

Marriage-Based Name Change

Alabama has no statute specifically codifying a marriage-based name change process. In practice, a newly married person changes their last name by presenting their marriage certificate to the Social Security Administration and the Alabama Law Enforcement Agency for a driver's license, which accept it as standard proof, the same customary practice used in most states without a dedicated marriage-name-change statute. See name change after marriage for the general steps.

Domestic Violence and Safety Considerations

Alabama's publication rules are unresolved rather than confirmed uniform statewide, so there is no single, confirmed statewide domestic-violence publication waiver for name-change petitions to point to here. Anyone changing their name for safety reasons, to get away from an abuser or stalker, should raise the concern directly with their county probate court and ask what confidentiality options, if any, that court offers.

Even where a state court seals or restricts a name-change file, that seal does not automatically make the new name confidential with federal agencies. The Social Security Administration and the U.S. State Department each apply their own rules, and a sealed state court record does not by itself keep a new name confidential in federal databases or on a passport application.

Related Alabama Records

An Alabama name change often overlaps with other state processes. See Alabama marriage and divorce records for obtaining certified copies of the marriage certificate or divorce decree a name-change petition may require, and Alabama court records for how probate court name-change files fit into the state's broader court-records rules.

For the general nationwide process, see how to legally change your name, what it costs to change your name, and the post-name-change checklist for updating your Social Security card, driver's license, and passport.

Disclaimer

This article provides general information about Alabama name-change law. It is not legal advice and does not create an attorney-client relationship. Although Sections 12-13-1 and 12-19-90 set the statewide jurisdiction and base fees, Alabama's name-change procedure is otherwise set locally, so forms, added charges, and publication requirements vary by county probate court and change over time. Verify current details with your county probate court or a licensed Alabama attorney before relying on anything here for a specific situation.

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Last updated: 2026-09-01. Fees and forms reflect their published status as of September 2026.