Alabama lesson 3 of 6
File the Certificate of Formation with the Probate Judge
The document that creates an Alabama LLC is the Certificate of Formation, and it is filed with the Probate Judge in the county of your registered office rather than directly with the Secretary of State.
What the form asks for
The Certificate of Formation covers the LLC's name, the Certificate of Name Reservation number, the registered agent's name and Alabama address, the effective date if it is not immediate, and whether the LLC will be member-managed or manager-managed.
- Members do not need to be listed by name on the Certificate of Formation
- A series LLC provision can be included if you are setting up separate series within the entity
- You can set a delayed effective date if you do not want the LLC to exist until a later date
Where it goes and what it costs
File the completed Certificate of Formation, along with the name reservation certificate, with the Probate Judge in the county of your registered office. The Probate Judge collects the state filing fee plus a separate county recording fee, which varies by county, and then forwards a copy of the filing to the Secretary of State to complete the record.
After approval
Keep the recorded copy from the Probate Judge's office and your entity information, since tax registration and your bank will both reference it. Alabama does not require an operating agreement to be filed, but adopting one internally sets out ownership and management instead of relying on the default statutory rules.
Key takeaways
- File the Certificate of Formation with the Probate Judge in the county of your registered office, not directly with the Secretary of State.
- Expect a state filing fee plus a separate county recording fee that varies by county.
- An operating agreement is not filed with the state but is worth adopting internally.
Frequently asked questions
Why does Alabama use the county Probate Judge for LLC filings?
Alabama's statute routes the Certificate of Formation through the Probate Judge in the county of the registered office, who then forwards the record to the Secretary of State, unlike most states where the Secretary of State's office receives filings directly.
Is an operating agreement required in Alabama?
It is not filed with the state, but it is the internal document that governs ownership, voting, and distributions, and banks commonly ask to see one.
Official sources
Or let us file your Alabama LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Certificate of Formation, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team