In final stages of digitizing county’s probate records

By Editor | April 18, 2025 |

Food for Thought
Judge of Probate Richard Dean

We are in the final stages of completing the digitization of our Coosa County Probate Records. We had more than 300 record books that included over 200,000 pages digitized.

We are proofing the scanned images and comparing the images to the books and indexes to make sure no pages were missed, the documents are properly indexed, and the digital images are as straight on the screen as possible. We were pleasantly surprised to discover many, NOT ALL, of the digitized images are more readable/legible than the pages in the books.

The reason for this; many pages have faded ink and have yellowed. After the pages were scanned, they were all digitally optimized and enhanced to improve their legibility. However, on a few pages that had inserts added to the page, the scanner could not adequately copy the inserted text. This was because of the type paper and ink used for the insert and the age of the documents.

The original books and documents will all be maintained in the courthouse as they have been for the last one hundred ninety-three (193) years. All record books will continue to be available to the public. However, there are some books, because of condition and historical significance, that anyone wishing to see them must make an appointment. Some of the pages have become so brittle they are disintegrating. Hopefully, we will be able to have some of the pages from the books with the most historical significance cleaned, repaired, preserved, and placed in protective, non-acidic, mylar sleeves to prevent further deterioration. We hope to do this so these original records will be available for future generations.

Our County Administrator Amy Gilliland recommended, and the County Commission approved, renovation of our records room. Administrator Gilliland was able to obtain approval to use capital improvement funds for most of the renovation. To limit costs, our maintenance personnel, Todd Brown and Mae Dunham, with assistance from our probate staff, have accomplished most of the construction work.

We are proud of our records room project and appreciate the many visitors who have stopped by the probate office to see the records room. Most visitors were impressed. One abstractor who does research in multiple Alabama counties even made the comment, “It is the most professional records room I have seen.”

When you are in the courthouse, we invite you to stop by the probate office to see our progress. Our goal is to have all the images loaded into our Ingenuity Records System Software before Memorial Day.

Moving on to other probate matters. Recently we have received many questions about guardianship and/or conservatorship. In addition, we have seen an uptick in the number of these types of cases.

Some cases were opened by family members of the persons (adults or minors) in possible need of protection. Other cases were opened by the Department of Human Resources. In all cases, we must conduct a hearing and weigh the evidence to determine if the person is truly in need of protection.

In addition, in all cases a Guardian ad Litem and attorney must be appointed to represent the person for whom protection is sought. Alabama’s guardianship and conservatorship laws are codified in the Code of Alabama Title 26.

To adequately cover the topics of guardians and conservators will require more than one column. To prepare for part 2, following are some key terms and definitions.

An Adult is an individual 19 years of age or older or has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state.
A Guardian is a person appointed to be responsible for the care of a minor or an incapacitated adult. The Guardian is responsible for the health, support, education, or maintenance of the protected person or ward. A Guardian normally serves without bond and is not normally required to provide an inventory of the protected person’s assets. However, as directed by the court (normally every year) the Guardian of a minor ward will be required to report on the condition of the ward and the ward’s estate over which the Guardian has control.
A Conservator is a person appointed to manage the estate (property, finances, business affairs, etc.) of a minor or an incapacitated adult. A Conservator must post bond and is required to provide an inventory and accounting of the protected person’s assets. The Court determines the bond based upon Alabama law and the value of the estate.
A Guardian and Conservator is a person appointed to perform both functions. A person appointed as a Guardian and Conservator must post the proper bond and file inventories of the protected person’s assets.
An incapacitated person is one who is impaired by reason of mental illness or deficiency; physical illness or disability; or physical or mental infirmities. These physical or mental infirmities often accompany advanced age, chronic use of drugs or alcohol, or other reasons that cause the person to lack understanding or capacity to make or communicate responsible decisions.
A protected person is a minor or other person for whom a conservator has been appointed.
A Guardianship is an order appointing a guardian.
A Guardianship Proceeding is a judicial proceeding in which an order for the appointment of a guardian is sought.
A Guardian ad Litem (“GAL”) refers to an individual appointed by the court to represent the best interests of the person (adult or minor) to be protected.
An Incapacitated Person is an adult for whom a guardian has been appointed.
A Minor is a person under 19 years of age and has not otherwise had the disabilities of minority removed.
A Party is the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
A Person, except as used in the term “incapacitated person or protected person,” is an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
A Protected Person is an adult for whom a protective order has been issued.
A Protective Order is an order appointing a conservator or an order related to management of an adult’s property.
A Protective Proceeding is a judicial proceeding in which a protective order is sought.
The Record is information inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
A Respondent is a person for whom a protective order or appointment of a guardian is sought.

Next month we will look at who may file a petition and the duties of a guardian and conservator. As always, the information is meant to inform, not to advise. No person should apply or interpret any law without the aid of an attorney who analyzes the facts, because the facts of each case may differ and change the application of the law. Until next month, stay safe!