Probate records “too” public in Alabama?

Probate records are a tremendous source of information for people who seek to do wicked things like identity theft.  In the past, these evil people had to make a trip to the clerk’s office to view the records which acted as an impediment to their schemes.  Now, however, with probate records being available over the Internet, these people can obtain the information from the privacy of their own homes.

Although some states have restrictions on what information may be placed on the public record, other states do not.

The following situation is described in Jessica Taloney, Private Information is Public Record, WKRG.com, July 2, 2008:

Mobile County Probate Judge Don Davis tells News Five when it comes to what information is published, his hands are tied. Davis says his office is obligated by Alabama law to publish mortgages, deeds, incorporations and other documents exactly as they are submitted, so if you’re bank or mortgage broker included your social security number, it becomes public record.

“Current Alabama law does not permit a probate judge, anywhere in the state of Alabama, to redact information off a document,” said Davis, who has spent the last two years working with lawmakers to address the issue. Davis says the Alabama House of Representatives passed a bill to allow Probate Judges to delete private information, but the measure failed in the Senate. * * *

Judge Davis says one the information is published, there is no way to remove it, but he warns consumers in the future to request to have their social security number deleted before signing documents that will be submitted to the Probate Court.

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.