Alabama Name Change Petition

In Alabama an adult files a name change petition, in the form of a written signed declaration, in the Probate Court of the county where they live, and no newspaper publication is required by statute. Attorney review available.

Introduction

A name change petition is the court document an adult files to legally change their own name, and once the probate judge enters the order the new name becomes the person's legal name. In Alabama you file the petition, in the form of a written declaration signed by you, in the Probate Court of the county where you reside (Alabama Code Section 12-13-1(a) and Section 12-13-1(b)(10)). Alabama's statute requires only that written, signed declaration stating the name by which you are known and the name you want, and it does not impose a statewide newspaper publication requirement for an adult name change, which sets Alabama apart from states that make you publish notice before a hearing. The statute sets no fixed number of months you must have lived in Alabama or the county, only that you reside in the county where you file, and it does not require a fingerprint or criminal background check. Because the probate court holds original and general jurisdiction over the matter, the judge reviews your declaration and, if satisfied the request is lawful, enters an order changing your name. Filing fees are set by the county probate court and vary by county, so confirm the current fee and whether a fee waiver is available with the probate clerk. After the order is entered, you use certified copies to update Social Security, your Alabama driver license, and other records. DocDraft builds your Alabama name change petition from your facts, with attorney review available before you file.

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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.

Key decisions before you file

Before you file a Name Change Petition in Alabama, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.

Open the Name Change Petition guide

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PROBATE COURT OF [COUNTY] COUNTY, ALABAMA

In re the Change of Name of [CURRENT LEGAL NAME], Petitioner.

Case No. ______________

PETITION AND DECLARATION FOR CHANGE OF NAME (Alabama Code Section 12-13-1(b)(10))

Petitioner respectfully states and declares:

  1. Petitioner. Petitioner's present legal name is [CURRENT LEGAL NAME]. Petitioner is over 18 years of age.

  2. Residence and venue. Petitioner resides at [STREET ADDRESS], [CITY], [COUNTY] County, Alabama. This petition is filed in the Probate Court of the county where petitioner resides, which has original and general jurisdiction over a change of name under Alabama Code Section 12-13-1(a) and Section 12-13-1(b)(10).

  3. Declaration. Under Alabama Code Section 12-13-1(b)(10), petitioner files this written declaration, signed by petitioner, stating the name by which petitioner is known and the name to which petitioner wishes it to be changed.

  4. Present and proposed name. Petitioner is known by the name [CURRENT LEGAL NAME] and asks the Court to change petitioner's name to [REQUESTED NEW NAME].

  5. Reason. The reason for the requested change is [REASON, for example to use a name petitioner has long gone by, following a divorce, or to align petitioner's legal name with petitioner's identity].

  6. Good faith. This declaration is made in good faith. The change is not sought to defraud any creditor, to evade any legal obligation, judgment, or criminal record, or for any fraudulent or other unlawful purpose. Alabama Code Section 12-13-1(b)(10) does not require this statement, but petitioner makes it so the Court may be satisfied the request is lawful.

  7. Publication. Alabama Code Section 12-13-1(b)(10) does not require newspaper publication of an adult name change, so no publication is requested here. Petitioner will comply with any additional procedure the county Probate Court sets by local rule.

WHEREFORE, petitioner asks the Court to enter an order changing petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME], and for any further relief the Court finds proper.

Dated: [DATE]


[CURRENT LEGAL NAME], Petitioner

VERIFICATION

I declare under penalty of perjury under the laws of the State of Alabama that the foregoing is true and correct.

Dated: [DATE]


[CURRENT LEGAL NAME], Petitioner

Note: This is an Alabama adult name change petition and declaration drawn from Alabama Code Section 12-13-1(b)(10). Alabama sets the court (the Probate Court of the county where you live) and requires only a written, signed declaration; it does not impose a statewide newspaper publication requirement, and it sets no fixed durational residency period beyond residing in the county. Filing fees are set by the county probate court and vary by county, so confirm the current fee and any fee waiver with the probate clerk. For the generic template and other states, see the Name Change Petition hub.

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.

Frequently Asked Questions

A name change petition is the court document an adult files in Alabama to legally change their own name. In Alabama it takes the form of a written declaration, signed by you, stating 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)). You file it in the Probate Court of the county where you reside, and when the probate judge enters the order, the new name becomes your legal name. This page covers the adult name change; a minor's change is a separate process under Section 12-13-1(b)(11).

In Alabama you file a written, signed declaration for a change of name in the Probate Court of the county where you reside, stating your present name, the new name you want, and the reason, and you pay the filing fee the court sets (Alabama Code Section 12-13-1(a) and Section 12-13-1(b)(10)). Alabama does not require newspaper publication for an adult name change. If the probate judge is satisfied the request is lawful, the court enters an order changing your name, and you use certified copies to update your records.

No. Alabama Code Section 12-13-1(b)(10) requires only that an adult file a written, signed declaration in the county Probate Court, and it imposes no statewide newspaper publication requirement for an adult name change. That is a meaningful difference from states that make you publish notice in a newspaper before a hearing, and it can shorten both the cost and the timeline. A county probate court may still set local procedures, so confirm the details with the probate clerk where you file.

An adult name change in Alabama is handled by the Probate Court. 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)), and you file in the county where you reside. Filing in the wrong county can delay your case, so file with the probate court in the Alabama county where you live.

Alabama requires that you reside in the county where you file, because the probate court's jurisdiction covers the change of the name of an adult residing in their county (Alabama Code Section 12-13-1(b)(10)). The statute does not set a fixed number of months you must have lived in Alabama or the county before filing; the key requirement is that you are a resident of the county where you file your declaration.

Alabama Code Section 12-13-1(b)(10) requires only the filing of a written, signed declaration and does not by its terms mandate a hearing for an adult name change. Because the probate court has original and general jurisdiction over the matter, the judge reviews the declaration and, if satisfied the request is lawful, enters the order. Individual county probate courts may set their own review process, so confirm what your court expects with the probate clerk.

Alabama Code Section 12-13-1 does not require a fingerprint or criminal background check for an adult name change; the statute calls only for a written, signed declaration filed in the county Probate Court (Alabama Code Section 12-13-1(b)(10)). Some county probate courts may ask for photo identification or proof of residence as a local matter, so check with the probate clerk where you file. The court can still decline a change sought for a fraudulent or unlawful purpose.

Once the Alabama probate judge enters the order changing your name, order several certified copies from the probate clerk. Use them to update your Social Security record first, then your Alabama driver license or ID, your passport, and then banks, employers, and other accounts. Each agency has its own process, but the certified order is the document that proves your new legal name. Keep at least one certified copy for your records.