Detailed Answer
In Alabama, when a decedent’s real property is sold as part of estate administration, the personal representative collects the sale proceeds and distributes them to heirs or devisees under court supervision. To direct the immediate distribution of your share of those proceeds, you generally must sign three key documents: a Letter of Assent, a Waiver of Notice & Consent to Distribution, and a Receipt, Release & Discharge.
1. Letter of Assent Under ALA. Code § 43-8-70
Heirs or devisees may consent in writing to the sale or transfer of real property by executing a Letter of Assent. Under Alabama Code § 43-8-70, this form confirms that you agree to the sale and permits the personal representative to convey title without further court order. After signing, record the Letter of Assent in the county land records so a buyer obtains clear title. You can review the statute here: ALA. Code § 43-8-70.
2. Waiver of Notice & Consent to Distribution
Under Alabama Code § 43-2-120, heirs inherit the right to notice of a hearing on the personal representative’s final account. By signing a Waiver of Notice and Consent to Final Distribution, you waive that hearing and instruct the personal representative to disburse your share of the sale proceeds immediately. This step speeds up distribution and reduces court costs.
3. Receipt, Release & Discharge Under ALA. Code § 43-2-270
Once you receive your share, you must sign a Receipt, Release, and Discharge form. This document acknowledges receipt of proceeds and releases the personal representative from any further liability related to those funds. It finalizes your claim against the estate. See the statute here: ALA. Code § 43-2-270.
Optional: Small Estate (Summary) Administration
If the total estate (excluding homestead) is valued at $75,000 or less, you may use the small estate procedures under Alabama Code § 43-41A-15. In that case, you and other heirs sign a simple Affidavit for Collection and Distribution of Small Estate, and the clerk issues a certificate allowing immediate payment of proceeds without full probate.
Helpful Hints
- Verify whether the estate qualifies for small estate administration (<$75,000).
- Use a notary public for any document requiring notarization.
- Record Letters of Assent in the county land records before closing escrow.
- File Waivers of Notice and Receipts/Releases with the probate court to protect the personal representative.
- Retain copies of all signed forms for your records.
- When in doubt, consult a probate attorney to avoid delays or disputes.