Detailed Answer

When an Alabama resident dies owning real property in another state, Alabama’s probate statutes generally do not govern that out-of-state asset. Instead, you follow the property state’s rules for transferring title. However, you can often avoid formal ancillary probate if all heirs agree and the property falls under the other state’s small-estate or heirship affidavit procedures.

1. Determine the Property State’s Requirements

Visit the website of the secretary of state or probate court in the jurisdiction where the real estate sits. Search for “small estate affidavit” or “affidavit of heirship.” Note the value threshold and whether the statute applies to real property. In many states, real estate transfers via heirship affidavit or summary procedure are allowed when heirs unanimously agree.

2. Gather Required Documentation

Certified copy of the decedent’s death certificate.
Heirship information: names, addresses, dates of birth, and relationships of each heir.
Certified copy of the decedent’s will (if one exists) or a statement that no probate will be opened in Alabama.
Proof of property ownership (recent deed or title insurance policy).

3. Prepare and Execute the Affidavit

Use the form provided by the property state or draft an affidavit that meets its statutory requirements. Each heir must sign before a notary public. Include a jurat that identifies the notary’s commission and date of expiration.

4. Record the Affidavit in the Real Estate County

Take the notarized affidavit to the county recorder’s (or clerk’s) office where the land is located. Pay the recording fee. The recorded affidavit will establish the heirs’ title under that state’s law.

5. Execute and Record a New Deed

Have all heirs sign a new deed conveying the property from the decedent’s estate to the heirs. File this deed in the same county recorder’s office. Confirm the county’s deed format and transfer-tax requirements.

6. Confirm With Alabama Statutes (Ancillary Probate in Alabama)

Although property outside Alabama is governed by the foreign jurisdiction, Alabama Code § 43-2-498 explains when ancillary probate is required for property inside Alabama. And Alabama’s small-estate affidavit for personal property (not real estate) is in § 43-12-610. Real property outside Alabama, however, follows the other state’s law.

Disclaimer

Disclaimer: This article provides general information only. It is not legal advice. Consult a qualified attorney licensed in the state where the property is located before taking any action.

Helpful Hints

Verify the property state’s small-estate threshold and whether real estate qualifies.
Request a title search to uncover liens or encumbrances before transfer.
Confirm all heirs’ names match on the death certificate, will, and affidavits.
Check recording office hours, filing fees, and accepted payment methods.
Keep originals of all recorded documents and certified copies in a secure location.