Title Transfer for an Inherited Home in Alabama Without a Will

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Alabama to discuss your specific situation.

Detailed Answer

When a homeowner dies without leaving a will (intestate) in Alabama, state law dictates who inherits real property. Multiple heirs must follow probate or small-estate procedures to clear title and record a new deed.

1. Determine Heirs Under Alabama Intestacy Law

Alabama Code § 43-8-41 sets out intestate distribution. If the decedent was married with children, the spouse receives one-half of the estate and the children share the other half equally. If there is no surviving spouse or child, property passes to parents, then siblings, and so on. Read the statute: Ala. Code § 43-8-41.

2. Choose the Proper Probate Path

a. Formal Probate: Required if the estate owns real property or exceeds small-estate limits. One heir (or any eligible party) files a petition in the probate court of the county where the decedent lived. The court appoints an administrator (personal representative) under Ala. Code § 43-2-22. The administrator collects assets, notifies creditors, and eventually distributes property according to intestacy rules.

b. Small Estate Affidavit: If the decedent’s personal property is worth under $100,000 and there is no real estate, heirs may use the small-estate affidavit process (Ala. Code § 43-2-950). This process does not apply to real property, so it’s rarely used to transfer a home.

3. Probate Steps to Transfer Title

1. Petition for Administration: File in the local probate court. Include a list of heirs and property description.

2. Letters of Administration: The court issues letters to the administrator, granting authority to manage the estate.

3. Inventory and Appraisal: The administrator inventories all assets, including the home, and obtains appraisals.

4. Notice to Creditors: The administrator publishes notice in a local paper and mails notice to known creditors.

5. Distribution: After debts and taxes are paid, the administrator prepares a final settlement and an order of distribution. The probate judge signs an order confirming the heirs and their shares under Title 43, Chapter 8.

6. Deed Preparation and Recording: The administrator executes a deed (often called an Administrator’s Deed) to transfer the property to the heirs. Record the deed in county land records to clear title.

Helpful Hints

Start probate early to avoid delays; Alabama courts typically require filing within a few months of death.
Collect certified copies of the death certificate—courts and title companies require them.
Identify all potential heirs; omissions can lead to contested proceedings.
Hire a probate attorney if estate assets exceed simple small-estate limits or heirs disagree.
Keep detailed records of all filings, notices, and distributions for court review.
Confirm the county’s recording fees and requirements for an Administrator’s Deed.
Check for liens on the property; the administrator must settle these before transfer.
Consider title insurance for the heirs to protect against future disputes.