Alabama Name Change Petition

Introduction

Key Things to Know

1. 1

   A name change petition is the court document an adult files to legally change their own name; when the probate judge enters the order, that new name becomes your legal name.

2. 2

   You file in the Probate Court of the county where you reside, which holds original and general jurisdiction over a change of name (Alabama Code Section 12-13-1(a) and Section 12-13-1(b)(10)).

3. 3

   Alabama does not impose a statewide newspaper publication requirement for an adult name change; the statute requires only a written, signed declaration (Alabama Code Section 12-13-1(b)(10)). A county probate court may set additional local procedures, so confirm with the clerk.

4. 4

   The declaration must be in writing, signed by you, and must state the name by which you are known and the name to which you wish it to be changed (Alabama Code Section 12-13-1(b)(10)).

5. 5

   The statute sets no fixed durational residency period; the requirement is that you reside in the county where you file (Alabama Code Section 12-13-1(b)(10)).

6. 6

   Alabama Code Section 12-13-1 does not require a fingerprint or criminal background check for an adult name change, though a county probate court may ask for identification or proof of residence locally.

7. 7

   Filing fees are set by the county probate court and vary by county; ask the clerk about the current fee and any fee waiver. After the order is entered, order certified copies to update Social Security, your Alabama driver license or ID, your passport, and other records.

Alabama Requirements for Name Change Petition

• Probate Court in Your County of Residence

  An adult name change in Alabama is filed in the Probate Court of the county where the petitioner resides. The probate court has original and general jurisdiction over the change of the name of any adult residing in their county (Alabama Code Section 12-13-1(a) and Section 12-13-1(b)(10)).

• Residency and Venue

  You file in the Probate Court of the county where you reside, because the court's jurisdiction covers the change of the name of an adult residing in their county (Alabama Code Section 12-13-1(b)(10)). Alabama sets no fixed durational residency period; the requirement is that you reside in the county where you file.

• No Newspaper Publication Required

  Alabama does not impose a statewide newspaper publication requirement for an adult name change. Section 12-13-1(b)(10) requires only a written, signed declaration filed in the county Probate Court, with no publication step (Alabama Code Section 12-13-1(b)(10)). A county probate court may set additional local procedures, so confirm with the clerk where you file.

• Written, Signed Declaration

  The petition takes the form of a written declaration, signed by the petitioner, stating the name by which the petitioner is known and the name to which the petitioner wishes it to be changed (Alabama Code Section 12-13-1(b)(10)). The probate court enters an order changing the name from the present name to the requested name.

• Present Name and Proposed New Name

  State your present legal name and the exact new name you are requesting. The statute requires the declaration to state the name by which you are known and the name to which you wish it to be changed (Alabama Code Section 12-13-1(b)(10)). Give your residence so the court can confirm you reside in the county where you file.

• Good Faith and No Fraud

  Alabama Code Section 12-13-1(b)(10) does not contain an express good-faith clause, but stating that the change is not sought to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose is standard, prudent petition language. It helps the probate judge be satisfied the request is lawful before entering the order.

• Review by the Probate Judge

  The statute requires only the filing of the written, signed declaration and does not by its terms mandate a hearing (Alabama Code Section 12-13-1(b)(10)). Because the probate court has original and general jurisdiction, the judge reviews the declaration and, if satisfied the request is lawful, enters the order. County courts may set their own review process, so confirm with the clerk.

• Certified Copies and Filing Fee

  After the order is entered, order certified copies from the probate clerk and use them to update Social Security, your Alabama driver license or ID, your passport, and other records. The filing fee is set by the county probate court and varies by county; ask the clerk about the current fee and whether a fee waiver is available.