If your sibling died owning a house in Alabama and left no will, you will most likely need to open a probate estate so title to the house can be transferred legally. The steps below explain how the Alabama probate process generally works, what you’ll likely need to do, and practical tips to move the matter forward. This is educational information only — it is not legal advice.
Detailed answer
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Confirm whether probate is required.
Not every transfer requires full probate. If the house was owned jointly with right of survivorship, or there is a named beneficiary or transfer-on-death deed, the property may pass outside probate. If the decedent owned the house solely in their name, probate is usually required to transfer title.
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Get certified copies of the death certificate.
Obtain several certified copies from the county health department or the funeral director. The probate court, title companies, mortgage holders, and other institutions will require certified copies.
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Identify the likely heirs under Alabama intestacy rules.
When someone dies without a will (intestate), Alabama law sets the order of inheritance. Generally, the estate goes first to a surviving spouse and descendants; if there is no spouse or descendants, parents and then siblings may inherit. The relevant provisions are in the Code of Alabama governing intestate succession (Title 43). For the statute text and details, see the Code of Alabama (Title 43) on the Alabama Legislature website: https://www.legislature.state.al.us/.
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Decide who will apply to be the personal representative (administrator).
The probate court appoints an administrator for an intestate estate. Typically, a close family member petitions the probate court in the county where the decedent lived. The court will consider the petition, any competing petitions, and whether a surety bond is required.
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File a petition for administration in the probate court.
Visit the probate court in the county where your sibling lived and file the required forms to open an estate. Typical items to file or bring include:
- Certified death certificate
- Petition to open administration (form available at the probate court)
- Preliminary list of heirs or next-of-kin and their addresses
- Estimated value of the estate and a list of major assets (including the house)
The court clerk will explain local filing fees, forms, and any bond requirements. If the estate is small, ask the court about simplified or small‑estate procedures.
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Serve notice, publish if required, and notify creditors.
After appointment, the administrator must give notice to heirs and creditors according to Alabama probate procedures. This commonly includes sending written notice to known creditors and publishing notice to unknown creditors. Pay close attention to the probate court’s instructions about the form and timing of those notices.
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Inventory, appraise, and manage estate assets.
The administrator must inventory the estate’s assets, which typically includes obtaining a formal appraisal or valuation of the house. The administrator should secure and maintain the property, protect it from waste, and continue paying necessary expenses (mortgage, insurance, property taxes) so value is preserved.
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Pay debts, taxes, and expenses.
Valid creditor claims and taxes are paid from estate funds before any distribution to heirs. The administrator should follow the probate court’s instructions about which claims are allowed and how to resolve disputes.
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Sell or transfer the house, or distribute it to heirs.
If the estate has sufficient cash, the house can be distributed in kind to an heir or sold and proceeds allocated according to intestacy. If heirs disagree, the court can authorize a sale and distribution. After the court approves a transfer or sale, the administrator will record the deed or closing documents to change title.
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Close the estate.
When debts, taxes, and administrative matters are resolved and the property has been distributed, the administrator files a final accounting and a petition to close administration. After the court approves, the administrator is discharged.
For forms, local procedures, and more details, contact the probate court in the Alabama county where the decedent lived or consult the Alabama Administrative Office of Courts: https://www.alacourt.gov/. The statutory rules governing probate and intestate succession are in the Code of Alabama (Title 43). See the Alabama Legislature website for code references: https://www.legislature.state.al.us/.
When to hire an attorney
Consider hiring a licensed Alabama probate attorney if the estate has a mortgage or other secured debt, if there are potential disputes among heirs, if the estate is large or complex, or if the administrator is unsure about procedural or tax obligations. An attorney can prepare filings, represent you in court, and help resolve disputes.
Important legal disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and each probate matter depends on its facts. Consult a licensed Alabama attorney or the local probate court to get advice tailored to your situation.
Helpful Hints
- Obtain multiple certified death certificates early — you will need them often.
- Ask the county probate court for a checklist of required forms; each county may use slightly different processes.
- Check the deed to confirm how the house was titled (sole owner, joint tenants, tenants in common, transfer-on-death, etc.).
- Look for a will anyway — sometimes one is misplaced and can avoid intestacy procedures.
- Keep careful records: receipts, notices, bank statements, appraisal reports, and communications — the administrator must account for estate activity.
- Check for mortgage, tax liens, or other encumbrances before attempting to transfer title.
- If heirs agree, they can often simplify matters by agreeing to a sale or a division plan, then asking the court to approve it.
- If the estate is small, ask about simplified transfer or affidavit procedures available in some Alabama counties.
- Contact a title company before recording any deed to confirm the required documents to clear title.