How to Sell a House in Probate in Alabama
Yes, you can sell a house that's going through probate in Alabama. Each county's judge of probate appoints a personal representative, and that person handles the sale. The big Alabama rule: unless the will expressly gives the personal representative the power to sell, the sale of land needs the probate court's approval first. Before any of that, check the deed. A survivorship deed can put the house outside probate entirely, and Alabama doesn't offer a transfer-on-death deed for real estate. After that, the real questions are timing, the bills, the belongings and what kind of sale makes sense.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
Written for Alabama families with a house tied up in an estate. This is general information, not legal advice. Alabama's 67 probate courts each have their own forms and practices, so check with the judge of probate's office in your county or an Alabama probate attorney.
Does the House Go Through Probate at All?
In Alabama, the judge of probate's office also records deeds, so the same office that will handle the estate can usually pull the last recorded deed. How title was held tells you whether probate controls the house:
- Joint owners with right of survivorshipThe surviving owner already owns it, but only if the deed actually says survivorship. Two names on a deed aren't enough by themselves in Alabama. (Ala. Code § 35-4-7)
- A living trustThe successor trustee handles it under the trust, usually without probate.
- The deceased owner's name aloneIt's part of the estate, and the personal representative controls the sale.
- Joint owners without survivorship languageThe deceased owner's share goes through the estate. The other owners keep theirs.
Alabama doesn't have a transfer-on-death deed for real estate like some states do. If you're hearing about one from an out-of-state relative, it doesn't apply to an Alabama house.
Who Can Sign for the Estate?
The probate court issues letters testamentary to the executor named in the will, or letters of administration to an administrator when there's no will. Alabama calls either one the personal representative. Until someone has letters, nobody can sign a purchase agreement for the estate, no matter what the family has agreed among themselves.
What About a Small Estate?
Alabama has a simplified small-estate process, but it's generally for estates that don't include real estate. If the person who died owned a house in their own name, expect a regular estate.
When the Probate Judge Has to Sign Off
This is the rule that shapes most Alabama probate sales.
- The will expressly authorizes a saleThe personal representative can sell under the will's power without asking the court first.
- The will is silent, or there's no willThe personal representative can sell land only after prior approval of the court. (Ala. Code § 43-2-844)
Court approval adds a filing, notice to the heirs and a wait for the order, so build that time into any closing date. A buyer who understands probate won't push you to close before the order is in hand.
Read the will for language that gives the personal representative the power to sell real estate. In Alabama, that one clause decides whether you need the court's permission before you can sell.
From Death to Closing
- 1Secure the house
Change the locks, keep the insurance in force and tell the carrier the owner has died.
- 2Open the estate
File in the probate court of the county where the person lived and get letters.
- 3Notice to creditors
The personal representative publishes notice so creditors know to file claims.
- 4Get the authority to sell
Under the will's power, or by court approval.
- 5Sell or distribute
The estate sells and holds the money, or the house goes to the heirs.
- 6Settle the estate
Pay the claims, account to the court and distribute what's left.
The Creditor Deadline
Creditors generally have until the later of six months after letters are granted or five months after notice is first published to file their claims with the judge of probate. Creditors entitled to direct notice get 30 days from that notice. (Ala. Code § 43-2-350) The deadline doesn't stop a sale, but it's why the money usually stays in the estate account until it passes.
Want a Number to Compare Against?
Send me the address and a little about the estate. You'll get an as-is number to share with the heirs and your attorney, and my honest take on whether a listing would do better.
What the Estate Can Do With the House
One of the Heirs Keeps It
Works when someone wants the house and can pay for it: any mortgage, taxes, insurance and a fair buyout of the other heirs.
Put It on the Market
Usually brings the most money when the house is in decent shape and the estate has the time and cash to carry it through showings and inspections. Alabama is generally a buyer-beware state for existing homes, but a seller still can't hide known health or safety problems or answer a buyer's direct question dishonestly. (Nolo – Alabama Sellers' Disclosure Obligations)
Take an As-Is Offer From an Investor
If the house needs work, is full of furniture, or the heirs are scattered across the country, an as-is sale can lift most of the work off the personal representative. The simplest way out is an as-is sale to a real estate investor: nobody tours the house, nothing gets repaired or hauled away, and the closing date is yours to set. That's a Dennis Buys Houses promise, not fine print. Keep what you want and walk away from the rest. If we find anything that looks personal or valuable while we're clearing it, we'll make sure it gets back to you.
Investors are in it to make money, so the price reflects the repairs, the risk and the time. What the estate gets in return is a firm closing date and very little to manage.
Think Twice Before Spending Estate Money on Repairs
Under Alabama law, major repairs and alterations are on the list of things a personal representative needs court approval for, unless the will says otherwise. (Ala. Code § 43-2-844) Even when that isn't an issue, every heir has a stake in the money being spent. Get agreement in writing, keep receipts, and only fix what clearly adds more than it costs.
The Stuff Inside Matters More Than the House
Grieving families clear a house in a hurry, and the things that matter most are often in the boxes nobody opened. I once found a mother's handmade album of her daughter's whole life at the bottom of a basement box the family had left behind. The daughter had never seen it. That's why I still go through what families leave, and why I'll get anything personal or valuable back to you. (The full story is on my About page.)
A Relative or Tenant Still Lives There
A relative staying in the house, or a tenant with a lease, doesn't disappear because the owner died. A lease survives the owner's death, and someone who won't leave has to be removed through the district court, not by changing the locks. (See Selling a House With Bad Tenants in Alabama.)
The Bills Keep Coming
Alabama property taxes are due October 1 and delinquent after December 31. Unpaid taxes can lead to a tax sale. (See Selling a House With Delinquent Property Taxes in Alabama.) Keep the insurance active, and call the carrier about an empty house. (See Selling a Vacant House in Alabama.) Keep the mortgage current if the estate can. Federal rules generally let a family member who inherits the house take over the payments without the loan being called due; ask the servicer about being confirmed as a successor in interest.
If the Mortgage Is Behind
Alabama foreclosures usually happen out of court and can move quickly once they start. (See Selling a House in Foreclosure in Alabama.) Talk to the servicer and your attorney early.
Living Out of State and Running the Estate
Many personal representatives live out of state. Ask the probate court about any bond or local requirements for a nonresident, and expect to rely on a local attorney. The paperwork can be handled from a distance; the house is the hard part. Someone has to check on it, clear it out and deal with contractors, which is why many out-of-state families choose a buyer who'll take the house as it sits and close remotely.
What Happens to the Money
The mortgage and any liens are paid at closing. What's left goes into the estate account, not to individual heirs. The personal representative pays the claims, accounts to the court and then distributes by the will or Alabama's inheritance rules. Alabama has no inheritance tax. Inherited property generally gets a tax basis equal to its value at death, so a sale soon after usually has little or no gain. Check with a tax professional.
When the Heirs Can't Agree
Disagreements slow everything down, especially when court approval is needed. If the house ends up owned by several heirs together and they still can't agree, any of them can ask a court to partition it. Alabama adopted the Uniform Partition of Heirs Property Act for family-owned land, which gives co-owners a chance to buy out a relative's share before a court orders a sale. (Ala. Code § 35-6A-7) A firm, written as-is number can settle what the house is worth.
I've Sat Where You're Sitting
When my mother was terminally ill, she lived with my family, and after she died I was the one handling her estate. That doesn't make me a probate attorney, and I won't pretend otherwise. It does mean I know the house is usually the last thing on a long, hard list, and that you can talk the real-estate side through with me even if the answer is to list it with an agent. (More about how I got here on my About page.)
Common Mistakes
- Signing a purchase agreement before anyone has letters.
- Assuming two names on a deed means survivorship.
- Selling without court approval when the will doesn't give the power to sell.
- Starting repairs the court or the heirs never signed off on.
- Letting the property taxes go delinquent.
- Hauling off boxes before anyone has gone through them.
- Handing money to heirs before the creditor deadline passes.
Where I Fit, and Where I Don't
I make the most sense for an estate when the house needs repairs, is still full of furniture or sitting empty, the heirs live far away, or everyone just wants it off the list.
You won't have to clear the house out for Dennis Buys Houses, either. Leave anything you don't want, and we'll take care of it.
If the house shows well and the estate can afford to prep it and wait for a buyer, listing it will probably bring more money. I'll say that plainly.
Whichever side of that line you're on, you'll hear it from me upfront.
What One Family Told Me
“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Yes. The personal representative sells it once they have letters and the authority to sell, either from the will or from the probate court.
Only if the will doesn't expressly give the personal representative the power to sell. Without that power, Alabama requires the court's approval first.
No. With an as-is sale, you can take what matters to you and leave the rest. Dennis Buys Houses handles what's left.
Not for real estate. A deed with right of survivorship is the common way to pass a house outside probate.
Generally the later of six months after letters are granted or five months after notice is first published.
Not always, but court approval, notices and title work are easier with an Alabama probate attorney.
Start with the judge of probate in the county where the person lived. The key statutes are Ala. Code § 43-2-844 (court approval) and Ala. Code § 43-2-350 (creditor claims).
Alabama Selling Guides
- Selling an Inherited House in Alabama
- Selling a Vacant House in Alabama
- Selling a House With Bad Tenants in Alabama
- Selling a House in Foreclosure in Alabama
- Selling a House With Delinquent Property Taxes in Alabama
Call Before the House Becomes Another Burden
Call or send me the details. I'm not a probate attorney and won't act like one, but I can tell you what the house is worth as it sits, how a sale would fit around the court process, and whether listing it would net the estate more.