Alabama — Confirming Your Ownership Percentage in Parents’ Real Property | Alabama Estate Planning | FastCounsel
AL Alabama

Alabama — Confirming Your Ownership Percentage in Parents’ Real Property

How to verify your share of ownership in your parents’ real property under Alabama law

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Alabama attorney for advice about your specific situation.

Detailed answer — practical steps to confirm ownership percentage

If you need to confirm your percentage interest in property owned by your parents before a sale, follow these steps. These steps reflect how property ownership and recordation work in Alabama and point you to the public records and processes that determine legal ownership.

1. Get a copy of the recorded deed(s)

The most direct source of ownership information is the deed recorded at the county office that handles land records (often called the Probate Office, County Recorder, or Revenue Commissioner, depending on the county). Look for the deed that currently conveys title to your parents. The deed language tells whether title was conveyed to one person, to multiple people as tenants in common (where shares can be specified), as joint tenants with right of survivorship, or to a trust or life tenant.

How to obtain the deed: visit or contact the county office where the property is located, or search the county’s online land records if available. You can often request a certified copy for a fee. For general information on Alabama courts and record access, see the Alabama Judicial System: https://judicial.alabama.gov/.

2. Read deed language for share identification

Deeds sometimes state explicit percentage shares (for example, “A and B as tenants in common, A one-half (50%), B one-half (50%)”). If the deed names co-owners but does not specify percentages, co-tenants commonly hold equal shares by default (this is a basic property rule common in many jurisdictions). If the deed uses language like “joint tenants with right of survivorship” or “as husband and wife, tenants by the entirety,” the ownership type and survivorship rules will affect how interest transfers on death.

3. Check for a trust, life estate, or other document that affects ownership

The recorded deed may show the property was transferred into a revocable trust or that one party holds only a life estate. If the property is held in a trust, the trust document controls who has beneficial ownership and the percentages, so you will need the trust instrument and any amendments. Trusts are often not recorded in full; you may need to ask the trustee for copies or seek legal help to obtain them.

4. Review wills and probate filings if a parent is deceased or estate planning documents if alive

If a parent has died and ownership passed through probate, check probate court records for the will, inventory, and distribution orders. Probate occurs in the county where the decedent lived; contact that county’s probate court or visit state court resources: https://judicial.alabama.gov/.

5. Obtain a title report or hire a title company or attorney

A professional title search will reveal the full chain of title, recorded encumbrances (mortgages, liens), and the legal description. Title companies and real estate attorneys regularly produce reports that state who appears as record owners and any issues that must be cleared before a sale.

6. Check property tax and assessor records

County tax assessor and property appraiser records show the names that the county uses for tax purposes. These records may not prove legal ownership but help confirm who has been listed as owner for taxes and can point you to the proper county office for recorded documents. See Alabama Department of Revenue property tax information at https://revenue.alabama.gov/property-tax/.

7. If ownership is unclear or disputed, consider quiet title or declaratory relief

If the recorded documents and other evidence don’t resolve ownership percentages, an Alabama circuit court can determine titles and interests through a quiet title or similar action. Filing a quiet title action asks the court to declare who owns what share of the property. Because litigation has deadlines, costs, and legal complexity, consult an Alabama real estate attorney before filing.

8. Practical tips when parents are alive

If your parents are alive and competent, the fastest way is to ask them for the deed or title documents. They can provide copies or go with you to the county recorder to inspect records. If they are unavailable or unwilling, a title search or attorney assistance may be necessary.

Relevant Alabama statutory and public resources

Alabama’s laws and court system govern recording, probate, and property disputes. Use these official resources to locate statutes and local court procedures:

Note: specific statutes about recording, deeds, and probate are located in the Code of Alabama (searchable via the Legislature site). If you need citations to a particular rule (for example, how tenancy by the entirety or tenancy in common are treated in Alabama), ask for the specific topic and county and an attorney can supply precise statutory and case-law references.

Helpful hints — quick checklist before a sale

  • Locate the recorded deed: start at the county recorder/probate office where the property sits.
  • Look for express percentages in the deed. If none are listed, shares are often presumed equal among tenants in common.
  • Search for trust documents if the deed references a trust or trustee.
  • Get a title report from a title company to uncover hidden liens, mortgages, or other claims.
  • If a parent died, examine probate records for distribution orders or a recorded affidavit of domicile that might affect title transfer.
  • Ask the county tax assessor for their owner-of-record listing; it helps locate the right records office.
  • If family members disagree or the chain of title is unclear, talk to a real estate attorney about a quiet title or declaratory judgment action.
  • Gather documents before any sale: recorded deed, mortgage payoff info, trust instrument (if any), and wills or probate filings.
  • Keep communication civil and documented—written requests and certified mail help if you need to later present evidence to a court.

If you’d like, provide the county where the property sits and whether your parents are alive; with that information an Alabama attorney can advise on the next concrete steps and, if needed, prepare or review documents and represent you in court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.