What usually happens to title when a co-owner dies (Alabama)

When a co-owner of real property dies, what happens to the property depends on how the deed names the owners. Two common forms are:

• Joint tenancy with right of survivorship (or a deed that expressly creates a right of survivorship): the deceased owner’s interest typically passes automatically to the surviving joint owner(s) by operation of law.
• Tenancy in common or an owner listed with no survivorship language: the deceased owner’s share does not automatically pass to the co-owner(s); it commonly passes through the deceased owner’s will or via intestate succession and usually requires probate or a probate alternative to transfer title.

Alabama law recognizes those basic property-ownership concepts. For an overview of the Code of Alabama, see the official state code table of contents: Code of Alabama (ALISON).

Step-by-step: How to re-record or update a joint survivorship deed after co-owners die

1. Locate the recorded deed and read its language.

   Get a copy of the recorded deed from the county probate or register of deeds office where the property is located. Look for language such as “with right of survivorship,” “as joint tenants,” or any phrase that creates survivorship. If the deed contains explicit survivorship wording, that indicates title likely passed automatically to the surviving owner(s).

2. Obtain a certified death certificate.

   Get a certified copy of the decedent’s death certificate from the Alabama Department of Public Health, Vital Records: Alabama Vital Records. Most county recording offices require a certified copy to update their records.

3. Confirm whether an affidavit or other proof is accepted by the county recorder.

   Many Alabama counties allow a surviving joint tenant to record a short affidavit (sometimes called an Affidavit of Survivorship or Affidavit of Death of Joint Tenant) together with the certified death certificate to show that the deceased’s interest terminated and title now rests fully in the surviving owner(s). Contact the local probate or register of deeds office to learn the exact form, required contents, recording fee, and whether they accept a uniform or local affidavit form. If the county provides written instructions or a form, follow it exactly.

4. Create and sign the affidavit (if accepted)

   The affidavit typically identifies the decedent, the surviving owner(s), the recorded deed (book/page or instrument number), states that the decedent has died, and states that the surviving owner(s) hold title by survivorship. The affidavit must be notarized before recording. If you are unsure how to draft the affidavit, many title companies or attorneys can prepare it.

5. Record the death certificate and affidavit (or new deed) at the county recording office.

   Take the certified death certificate and the notarized affidavit to the county register of deeds (or recorder) where the property is recorded and ask to record them. The office will charge a recording fee and will index the instrument to maintain a clear chain of title. In some cases, rather than an affidavit, the surviving owner may execute and record a new deed (for example, a quitclaim or corrective deed) to clarify title.

6. Resolve liens, mortgages, or title issues.

   If the property has a mortgage or if the lender requires documentation, notify the lender. Title companies or attorneys can run a title search to confirm no unresolved liens or clouds on title. If title is not clear (for example, the deed language is ambiguous or other owners or heirs claim an interest), you may need to open a probate estate in the Alabama probate court or file a quiet-title action to resolve ownership.

7. If deed language does not create survivorship, consult probate procedures.

   If the deed does not create survivorship, the deceased’s share generally transfers through that person’s will or by intestate succession under Alabama law. To transfer title you may need to open probate in the county probate court where the decedent resided or use an available simplified probate procedure. For probate information in Alabama, see the Alabama Judicial System: Alabama Judicial System.

8. Record updated deed after closing matters.

   Once you have the necessary probate decree, affidavit, or other document showing the new owner(s), record that document with the county recording office. After recording, ask for a certified copy or indexed reference so you have proof the public records reflect the current ownership.

Common scenarios and what they mean

• Deed includes clear survivorship language: Usually the surviving co-owner can record a certified death certificate and affidavit to show the decedent’s interest terminated and title passed automatically.
• Deed is ambiguous or silent: If language is unclear, title companies and county recorders may refuse to accept a simple affidavit. You may need a corrective deed, an attorney-prepared affidavit, or probate court action to clear title.
• No survivorship (tenancy in common): The decedent’s share goes to heirs or according to a will; the probate process usually transfers title to the heirs or devisees.

Documents you will likely need

• Recorded copy of the current deed (book/page or instrument number)
• Certified copy of the decedent’s death certificate (from Alabama Vital Records)
• Notarized affidavit of survivorship or a new deed
• Photo ID for the surviving owner signing documents
• Title search or title insurance commitment (recommended)
• Probate court documents, if probate is required

When you must open probate in Alabama

Open a probate estate in the county where the decedent lived if the decedent’s ownership interest does not pass automatically by survivorship, or if third parties dispute title. Probate transfers ownership under a will or by intestacy. County probate courts handle estate administration; find local probate procedures through the Alabama Judicial System: judicial.alabama.gov.

Helpful Hints

• Contact the county register of deeds first — many county offices post specific requirements and sample forms for recording death and survivorship instruments.
• Get certified death certificates early; some recording offices will not accept uncertified copies.
• When in doubt about wording, hire a local title company or attorney to prepare an affidavit or corrective deed so the recorder will accept it without error.
• Order a title search before recording a new deed to identify liens or other recorded interests that might affect transfer of title.
• If the property has a mortgage, notify the lender — paying off or assuming the mortgage may be required to clear title for resale or refinancing.
• Beware of tax and homestead issues — changing title can have tax consequences; consult a tax advisor or attorney if needed.
• Keep a certified copy of whatever you record; that becomes your proof of the updated public record.