Detailed answer — how an Alabama intestate estate transfers real property

When a person dies without a will (intestate) in Alabama, title to their real property usually does not automatically pass to heirs simply because of the death. Instead, the decedent’s estate must be handled under Alabama probate law so the property can be legally transferred into the names of the heirs.

Key principles

• Who inherits: Alabama law defines the order of heirs (spouse, children, parents, siblings, etc.). The persons entitled to the house depend on which relatives survive the decedent.
• Probate required unless an exception applies: If the house was owned solely in the decedent’s name, the estate will typically need probate administration (formal or simplified) or another court process that establishes heirship and authorizes transfer.
• Exceptions: Joint tenancy with right of survivorship, a valid transfer-on-death arrangement, or property held in a trust may avoid probate. Mortgage and liens also affect transfer.

Typical steps to put the house into you and your siblings’ names

1. Locate the deed and title documents. Determine how title was held (sole ownership, joint tenancy, tenancy in common, trust, etc.).
2. Get certified copies of the death certificate. Most courts and title companies will require them.
3. Talk with the county probate court in the county where your parent lived. The probate court handles appointment of an administrator and estate matters. (Alabama Judicial Branch: https://judicial.alabama.gov/)
4. Determine whether a simple procedure applies. In some small estates or when assets are limited, a simplified or summary administration may be available; otherwise, file for administration of the estate (intestate administration).
5. File a petition for appointment of an administrator (often called letters of administration). The probate court appoints someone (an administrator) to manage the estate, collect assets, pay debts, and distribute property according to Alabama intestacy law (see Alabama statutes at the state legislature website: https://www.legislature.state.al.us/).
6. The administrator obtains authority (letters) from the court, inventories the estate, notifies creditors if required, pays valid debts and taxes, and then seeks court approval (if needed) to transfer real property to the heirs.
7. After administration, the court or the administrator will issue documents (a deed of distribution or administrator’s deed) that allow recording a new deed transferring the house to the heirs. That deed is then recorded with the county land records to put title in the heirs’ names.

Common alternatives and shorter routes

• Small-estate procedures or affidavits: If the estate qualifies under Alabama’s simplified procedures for small estates, you may be able to transfer property with an affidavit rather than full administration. Check the probate court for requirements and forms.
• Affidavit of heirship: Some counties or title companies accept a recorded affidavit of heirship to clear title, but this can be risky. A court determination of heirs (probate) is more secure and better for future buyers or title insurance.
• Agreement among heirs and quitclaim deed: If all heirs agree, the administrator (or all heirs if allowed) can execute deeds transferring the property. However, proper probate or court authority is usually still required to ensure a clear title transfer.

If heirs disagree

If siblings or other heirs do not agree about keeping, selling, or dividing the house, one heir or the administrator can ask the probate court for directions. If heirs want to force a sale of jointly owned property, a partition action in civil court may be necessary.

Title, mortgages, and liens

Any mortgage or lien on the house remains attached to the property. The administrator must address outstanding mortgage debt and liens before or as part of transferring title. Also consider obtaining a title search and working with a title company before recording new deeds.

Where to find the laws and forms

Alabama’s probate and intestacy rules are part of the Alabama Code and administered through local probate courts. For statute text and to learn which sections govern intestate succession and administration, start at the Alabama Legislature website: https://www.legislature.state.al.us/. For local probate process, contact the probate court where your parent lived or visit the Alabama Judicial Branch site: https://judicial.alabama.gov/.

Timing and typical costs

Probate can take a few months to over a year depending on estate complexity, creditor claims, and whether disputes arise. Costs include court filing fees, attorney fees (if you hire an attorney), possible bond for an administrator, and costs to record deeds. If the estate is simple and all heirs agree, costs and time will be much lower.

Helpful Hints

• Start at the probate court: Call or visit the county probate court where your parent lived. Ask for forms and any local instructions for intestate estates.
• Collect documents early: death certificate, the original deed, mortgage statements, tax bills, insurance policies, and any trust documents.
• Check title and liens: Order a title search or talk with a title company before transferring the deed.
• Don’t rely only on a recorded affidavit of heirship: It may not be sufficient for a title insurer or a future buyer. A court probate record is the cleanest path to clear title.
• Communicate with siblings: A written agreement on the plan for the home (keep, sell, buyout) can prevent disputes and reduce legal costs.
• If you need the home quickly: Ask the probate court about emergency or expedited procedures—some courts can act faster in limited circumstances.
• Consider hiring a probate attorney when: the estate is complex, there are significant debts, disagreements among heirs, potential creditors, or mixed family relationships (e.g., children from prior relationships).
• Plan for taxes and costs: Confirm any outstanding property taxes, estate tax issues (rare at state level for most estates), and closing costs if selling the house.
• Keep records of everything: inventories, receipts, payments, and correspondence—this will make administration and any future title questions much easier to resolve.