Short answer: When an inherited house is owned by multiple people and at least one owner is a minor, you generally must open probate (if not already opened), have a personal representative or guardian appointed for the minor’s interest, and obtain probate-court approval for the sale. The probate court will review the proposed sale terms, ensure the minor’s interest is protected, require notice to interested parties, and enter an order authorizing the sale and distribution of proceeds.

This is general information only and not legal advice. Consult a qualified Alabama probate or estate attorney before taking action.

How the process usually works in Alabama

1. Determine how the property title and estate are structured.

   If the decedent left a will, the estate will usually be administered through probate and a personal representative (executor) will be appointed. If there is no will, an administrator is appointed. If the property already passed outside probate (for example, joint tenancy with right of survivorship or transfer-on-death deed), fewer probate steps may be needed. Contact the county probate court where the decedent lived to confirm the status.

2. Open probate (if necessary) and confirm ownership shares.

   To sell the home through the estate, the personal representative typically petitions the probate court to admit the will (if any), obtain letters testamentary or letters of administration, and confirm who legally owns the property and in what shares.

3. Address the minor owner(s)’ interests.

   Alabama probate courts protect minor owners by requiring a guardian of the minor’s estate or other court approval before a minor’s real property interest can be sold or disposed of. Sometimes the personal representative can obtain court authority to sell on behalf of the estate and distribute proceeds into a protected account for the minor, but the court will want clear safeguards for the minor’s funds.

4. Value the property and prepare a proposed sale.

   The court often requires an appraisal or comparable market analysis to confirm the sale is fair. If selling to a third party, prepare the purchase agreement and proposed closing terms for the court to review.

5. File a petition with the probate court to authorize the sale.

   The petition should explain why the sale is in the best interest of the estate and the minor(s), attach the purchase agreement (if any), appraisal, and list interested parties. The court may require bond, an accounting, or other protections for the minor’s share before approving the sale.

6. Give required notices and attend a court hearing.

   Alabama probate practice requires notice to heirs, beneficiaries, guardians, and interested parties so they can object. The court will hold a hearing to review objections (if any) and decide whether to approve the sale and the terms protecting the minors’ interests.

7. Obtain a court order approving the sale and authorizing distribution.

   When the court finds the sale fair and the minor is sufficiently protected (for example, by placing funds in a blocked account or appointing a guardian with court oversight), it will enter an order allowing the sale to close and directing how proceeds are to be handled.

8. Close the sale and follow court directions for minors’ funds.

   After closing, the personal representative or guardian distributes proceeds according to the court’s order — often paying creditors, expenses, and then placing the minor’s share into an appropriate protected account or trust under court supervision.

Key documents you will likely need

• Death certificate for the decedent
• Decedent’s will (if one exists)
• Petition for probate or petition to sell estate real property
• Letters testamentary or letters of administration
• Appraisal or market valuation of the home
• Purchase agreement (if a buyer is already identified)
• Notice of hearing and proof of service to interested parties
• Proposed court order authorizing sale and directing distribution

Who the court may require to be appointed or involved

• Personal representative (executor or administrator of the estate)
• Guardian of the minor’s estate or conservator (if the minor has property needing supervision)
• Attorney for the personal representative or guardian
• Appraiser or real estate professional to support valuation

Timing, costs, and typical court concerns

Court approval can take weeks to months depending on complexity, required notices, and whether parties object. Costs can include probate court filing fees, attorney fees, appraisal fees, and possible bond requirements to protect the minor’s share. The court’s main concerns are that the sale is for fair market value, the transaction is free of conflicts, and the minor’s funds are preserved and used only for their benefit.

Where to find Alabama statutes and probate resources

Alabama’s probate courts and statutes govern estate administration and guardianships. For official resources, start here:

• Alabama Judicial System (probate court info): https://judicial.alabama.gov/
• Search the Alabama Code and probate/guardianship statutes via the Alabama Legislature web site: https://alisondb.legislature.state.al.us/

Because statutes and local probate rules can vary and change, consult the probate court in the county where the decedent lived and an attorney familiar with Alabama probate and guardianship practice.

When to hire an attorney

Hire an Alabama probate or guardianship attorney if any of the following apply:

• Minors are involved and you need court guidance to protect their interests
• Multiple heirs or co-owners dispute the sale or the sale price
• The estate has creditors, liens, or complex tax concerns
• You need help preparing petitions, notices, and court orders

An attorney can prepare the necessary filings, present evidence of value, propose protections for the minors (such as restricted accounts or court-supervised trusts), and represent the estate or guardian at hearings.

Helpful Hints

• Start by contacting the county probate office where the decedent lived. They can tell you whether probate is open and what local rules apply.
• Get a professional appraisal early. Courts look for evidence that the sale is at fair market value.
• Document every step: notices served, funds held, and how you protect the minor’s share.
• Consider lining up a buyer only after consulting counsel — the court may reject below-market private sales unless clear justification exists.
• If the minor needs immediate access to funds (for education or medical needs), petition the court for limited use of their portion rather than an outright distribution.
• Expect the court to require the minor’s funds to be placed in a blocked account, guardianship account, or court-approved trust until the minor reaches majority or another court-ordered milestone.
• Keep communication open among co-owners and heirs to reduce objections and speed court approval.