Detailed answer — how Alabama law treats a sale of estate property

Under Alabama probate practice, a personal representative owes fiduciary duties to the estate and the beneficiaries. Those duties include preserving estate property, avoiding self-dealing, keeping accurate records, and accounting for receipts and disbursements. Alabama handles these matters through the probate court that supervises administration of the estate (see Alabama statutes covering probate administration, Title 43).

Who has authority to sell a car that belonged to the deceased?

Only the person with legal authority to administer the estate—usually the executor named in the will or an administrator appointed by the probate court—may legally sell estate assets. If you were appointed by the court or named in the will and the will or court order expressly (or implicitly, by practicality) authorizes sale of personal property, you generally have the power to sell the car so long as you act in the estate’s best interest.

When a sale is allowed

• If the sale was necessary to preserve estate assets (for example, to pay storage fees or insurance), reasonable;
• If the sale was for fair market value and you kept documentation (ads, offers, sales contract, bill of sale, receipts);
• If you deposited the proceeds into an estate bank account and recorded the transaction in the estate accounting;
• If beneficiaries were notified when required or you sought probate court approval when large or contested sales were foreseeable.

When a sibling’s claim may succeed

A beneficiary may claim you mismanaged estate assets if any of the following apply:

• You sold the car without court authority or authority in the will and the sale wasn’t clearly necessary;
• You sold the car for less than fair value without a reasonable basis and kept or spent the proceeds for personal use;
• You failed to keep or produce written records (bill of sale, deposit slips) showing the proceeds went into the estate;
• You engaged in self-dealing (sold to yourself or a friend at a reduced price) without disclosure and court approval.

What remedies can a sibling seek in Alabama probate court?

The sibling or other beneficiary can petition the probate court for relief. Common remedies include:

• Demand an accounting of the estate’s assets, receipts, and disbursements;
• Ask the court to surcharge (financially charge) the personal representative for losses caused by mismanagement;< /li>
• Seek return of the sale proceeds or the car’s value to the estate (restitution / conversion damages);
• Move to remove you as personal representative for cause;
• Request other equitable relief the court deems appropriate.

How the court evaluates disputes

The probate court will look at objective proof: whether you had legal authority, whether the sale was reasonably necessary, whether the sales price was fair, and whether you accounted for and preserved the proceeds. Courts favor documentation—receipts, ads, appraisals, bank records, correspondence with beneficiaries, and any court orders authorizing the sale.

Practical defenses and steps you should take now

If your sibling accuses you of mismanaging the estate after you sold the car, do the following immediately:

1. Gather documents: will, letters of appointment, bills of sale, photographs, valuation evidence (Kelley Blue Book, comparable sales), deposit records showing proceeds went into an estate account, repair/storage bills, and communications with beneficiaries.
2. Keep all proceeds in the estate account (do not spend estate money personally) until the court approves distribution or the dispute resolves.
3. If you did not previously get court approval and the sale may be questioned, consider filing a petition in probate court to ratify or approve the sale and present supporting evidence.
4. Provide a full, written accounting to beneficiaries and the court when requested or required.
5. Discuss settlement or mediation with the sibling to avoid prolonged litigation if appropriate.

Where Alabama law is relevant

Alabama statutes and probate court practice govern who may administer an estate, what a personal representative must do, and how the court resolves disputes. See the Alabama Legislature’s resources on probate and the Alabama Code (Title 43) for the statutory framework: Alabama Legislature (search Title 43 for probate statutes). The probate court in the county where the decedent lived administers these issues and will apply the controlling statutes and case law.

Helpful hints

• Document everything: a clear paper trail is the best protection for a personal representative.
• Deposit all proceeds into a dedicated estate bank account immediately and keep a separate checkbook or ledger for the estate.
• Get independent valuations of significant items before sale when possible.
• Notify beneficiaries early and in writing about significant sales and why they were necessary.
• If in doubt, ask the probate court for instructions or permission before selling estate property.
• Consider mediation early if family relationships matter; courts can be expensive and slow.
• Hire an Alabama probate attorney if a beneficiary files a petition against you or if the sale is likely to be contested.