Short answer

If your grandparent left a valid will, the will usually names the person who will administer the estate and the beneficiaries who inherit property. If there is no will, Alabama’s probate process and intestacy rules determine the heirs. Ownership can pass outside probate if the property is held jointly with right of survivorship, in a trust, or by beneficiary designation. Start by checking for a will, contacting the county probate court and the county land records office, and obtaining certified copies of the death certificate.

Detailed answer — step‑by‑step under Alabama law

Below is a practical checklist and explanation of how property ownership and heirship are determined in Alabama. This is educational information only and not legal advice.

1. Get the death certificate and search for a will

Obtain several certified copies of the death certificate from the funeral home or the Alabama Department of Public Health. Look for a will among the deceased’s papers, safe deposit boxes, attorney files, or with relatives. A valid will usually must be probated in the probate court of the county where the decedent lived.

2. Contact the probate court where your grandparent lived

Probate courts in Alabama handle wills, administration of estates, and formal heirship matters. Ask the probate court clerk whether a will has been filed or whether an estate has been opened. If an estate has been opened, the court record will show the personal representative (executor or administrator) and a listing of beneficiaries or heirs.

Alabama’s judicial system maintains information about probate courts and procedures; start at the Alabama Judicial System website: judicial.alabama.gov.

3. Check the county land records (register of deeds) and tax assessor

Real property ownership is recorded at the county level. Search the county’s land records or recorder/registrar of deeds office to find the current deed and past deeds. The deed will reveal how the property was titled: in the decedent’s sole name, jointly with another person (joint tenancy or tenancy by the entirety), or in the name of a trust or entity.

If the deed shows joint ownership with right of survivorship or tenancy by the entirety, the surviving co‑owner usually becomes the sole owner automatically and the property may avoid probate. If it is in the decedent’s name only, probate or another transfer mechanism will be required to clear title.

4. Determine whether the property passes by will, trust, beneficiary designation, or intestacy

– If there is a valid will: the estate will be probated and property distributed according to the will, subject to Alabama law and creditor claims. The personal representative handles administration under probate court oversight.
– If property is held in a trust: the successor trustee follows the trust’s terms and transfers trust property to beneficiaries without formal probate for trust assets.
– If there is no will (intestate): Alabama’s intestacy rules determine heirs (spouse, children, grandchildren, parents, siblings, etc.). The probate court will appoint an administrator to wind up the estate and distribute assets according to state law.

For the official text of Alabama’s estate and probate laws, see the Alabama Legislature site and search the Code of Alabama (look for the Titles covering wills, trusts and administration of estates): www.legislature.state.al.us.

5. Small‑estate procedures and alternatives to full probate

Alabama allows certain procedures that may avoid a full formal probate process in limited circumstances (for small estates or for collection of certain personal property). The probate court can explain available simplified procedures, affidavit options, or summary probate that may apply depending on estate size and the types of assets involved.

6. How heirs are commonly identified

Finding heirs often requires collecting family documents and records: birth certificates, marriage certificates, divorce decrees, adoption records, and previous wills. The probate court may require notice to potential heirs and may publish a notice to creditors and unknown heirs as part of the process. If heirship is disputed or unknown, the court can hold an heirship determination hearing.

7. Clear title and transferring real property

To transfer a deeded property into an heir’s name, one of the following usually happens:

• If the property was jointly owned with survivorship: surviving owner records death certificate and affidavit or survivorship deed with the county recorder.
• If property passes under a will: the personal representative petitions the probate court for authority to transfer title and executes a new deed to the beneficiary after the estate is settled.
• If intestate: the administrator obtains court authority and deeds are prepared to transfer title to the heirs under the court’s order.
• If property is in a trust: the successor trustee signs deed transferring title under trust terms.

8. When to talk to an attorney

Talk to a probate attorney if you face any of the following: no will and many possible heirs, contested heirship, complex assets (business, out‑of‑state real estate), disputes among family, suspected fraud or undue influence, or creditor claims that could threaten the estate. An attorney can help open probate, prepare petitions, gather heirs, and clear title.

Helpful hints

• Start at the probate court in the county where your grandparent lived. The clerk can tell you whether a will was filed or an estate opened.
• Search county deed/land records online or in person to see how the property is titled. The county tax assessor can show who is currently listed for property taxes.
• Get multiple certified death certificates early — you will need them for banks, title work, and government agencies.
• Ask family members if there’s a named attorney or safe deposit box; any attorney who prepared a will often keeps a copy.
• If ownership is joint with right of survivorship, the deed, not the will, usually controls transfer of that property.
• Keep records of all communications and copies of documents you obtain from court and land offices.
• If you cannot locate heirs or if the ownership is unclear, a title company, genealogist, or probate attorney can run a full heir search and prepare a clear path to title transfer.
• For official forms and basic probate information, visit the Alabama Judicial System: judicial.alabama.gov.
• To read Alabama’s statutes and find the exact statutory language on wills, trusts, and administration of estates, consult the Code of Alabama through the Alabama Legislature website: www.legislature.state.al.us.