Detailed Answer — Step‑by‑step guide under Alabama law

When a decedent owned real property, the personal representative (executor or administrator) usually must obtain the probate court’s authorization before selling that property as part of estate administration. If the probate clerk’s office will not explain the required filings, follow these steps to protect the estate and get court approval.

1. Confirm your authority to act:

   You must be appointed and hold letters testamentary or letters of administration before you can ask the court to sell estate property. If you have not yet been appointed, file a petition for appointment with the probate court and obtain the letters. The Alabama Unified Judicial System website lists local probate courts and general procedures: https://judicial.alabama.gov/.

2. Locate any local forms or rules:

   Many Alabama probate courts provide required forms, fee schedules, or local instructions on their county probate website. If the clerk’s office refuses to explain, search the probate court’s online forms page or the Alabama Judiciary site above. If your county posts no forms, you will still file a petition (see next step) and a proposed order for the judge to sign.

3. Prepare a Petition for Authority to Sell Real Property:

   The petition commonly includes: the estate name and case number; your role and authority; legal description of the property; reason for sale (e.g., to pay estate debts or because the beneficiaries agree); proposed purchaser and sale terms (if known); the asking or agreed price; and any appraisal or market evidence. Attach supporting documents such as the deed, mortgage statement, probate appointment (letters), and any written agreement of the beneficiaries if available.

4. Draft a Proposed Order:

   Include an order that the judge can sign granting authority to sell, listing any conditions (e.g., court confirmation, notice requirements, sale procedures, escrow instructions, requirement to bring proceeds into court/estate account). A clear proposed order speeds the judge’s review.

5. Provide notice to interested parties:

   Alabama probate courts expect notice to the decedent’s heirs, beneficiaries, and sometimes secured creditors before sale authority is granted. Serve copies of the petition and notice of hearing (if scheduled) on all interested persons and file proof of service. If you cannot find recipients, disclose your good‑faith search in the petition and request the court’s guidance on substituted service or publication.

6. Ask for a hearing or an expedited (ex parte) hearing if necessary:

   File the petition with the probate court clerk and request a hearing. If the property faces an immediate threat (foreclosure, tax sale, or urgent maintenance issue) request an emergency or ex parte hearing and explain the urgency in the filings. The judge—not the clerk—has authority to grant relief.

7. File proof of publication or service and attend the hearing:

   Bring copies of the petition, proposed order, appraisal or market evidence, any purchase agreement, and proof of notice. Be prepared to explain why sale is in the best interest of the estate and how the sale price was determined. If the judge grants authority, the court will sign an order outlining the sale process and any reporting/accounting requirements.

8. Follow post‑sale requirements:

   After the sale, you will typically need to file an accounting, submit closing documents, and remit proceeds to the estate bank account or as directed by court order. Keep records of sale proceeds, commissions, closing costs, and distributions.

Alabama’s probate statutes and procedures fall under Title 43 (Probate Courts and Decedents’ Estates). For general statutory resources visit the Alabama Legislature site: https://www.legislature.state.al.us/. The probate judge and the court’s written orders—not the clerk—control approval of sales.

If the clerk’s office refuses to help or is unresponsive:

• Politely request the judge’s chambers or an appointment to discuss the filings. The judge’s staff (not the clerk) may provide additional guidance about local preferences for petitions and orders.
• If the clerk refuses to accept a filing, deliver your documents by certified mail and keep proof of delivery; then file a Notice on the record that you attempted to file and the clerk refused.
• Consider filing the petition and proposed order anyway — the court can act on properly filed pleadings even if the clerk gave limited guidance. Courts often prefer a complete petition and proposed order to guide approval.
• If you meet resistance that blocks access to the court, you may seek a writ or supervisory relief with help from an attorney who handles probate practice.

Helpful Hints — Practical checklist before you file

• Gather documents first: death certificate, will (if any), letters testamentary/letters of administration, deed, mortgage and tax statements, listing/purchase agreement, and any appraisals.
• Draft a short, clear petition that states: who you are, your authority, description of the property, why sale is needed, buyer info (if any), price, and notice steps taken.
• Prepare a proposed order for the judge to sign — judges appreciate a well‑drafted order that clearly sets conditions and reporting obligations.
• Provide honest notice: list all heirs and beneficiaries with addresses. If you cannot find someone, explain your search efforts in the petition.
• If a mortgage or tax lien exists, treat those obligations first — the sale process must address payoff and liens at closing.
• Consider obtaining a professional appraisal or a broker’s market analysis to justify the sale price to the court and beneficiaries.
• If the sale is urgent, state the emergency facts in your petition and ask for an expedited hearing.
• When in doubt, get an attorney experienced in Alabama probate sales — they can prepare filings, handle notice, and represent you at hearing.

If you need help finding a probate attorney in Alabama, the Alabama State Bar has a lawyer referral service: https://www.alabar.org/. For low‑cost or free advice, look for legal aid organizations that serve Alabama residents.