Selling an Inherited House in Alabama
Yes, you can sell an inherited house in Alabama, once it's clear who has the right to sign. If the deed gave the house to a surviving owner with right of survivorship, that person already owns it. Otherwise it usually goes through the county probate court, and the personal representative either sells it, with court approval unless the will grants the power, or it passes to the heirs. Then the practical questions take over: what it's worth as-is, what the heirs want, what it costs to hold, and whether to keep it, fix it and list it, or sell it as-is.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Alabama heirs who just found out a house is theirs, or partly theirs. General information only, not legal or tax advice. For anything in front of a probate court, talk to an Alabama probate attorney.
Whose House Is It Today?
Pull the last recorded deed. In Alabama, deeds are recorded with the judge of probate in the county where the house sits, and most counties have the index online.
- Survivorship deedThe survivor owns it, if the deed says "with right of survivorship" or words that clearly mean it. (Ala. Code § 35-4-7)
- A trustThe successor trustee controls it.
- The deceased owner's name aloneAn estate usually needs to be opened. The personal representative has authority over the house. (See How to Sell a House in Probate in Alabama.)
- Already passed to the heirsIf the estate has been settled and the house went to you and others, you own it together and sell together.
Alabama has no transfer-on-death deed for real estate, so don't count on one. And being named in the will or living in the house doesn't by itself give anyone the right to sell.
Heirs' Property: When Nobody Ever Probated the Last Owner
A lot of Alabama land has passed down for a generation or more without an estate ever being opened. The family has lived there for decades, but title is still in a grandparent's name, and every descendant owns a slice. That's called heirs' property. It can still be sold, but it takes work first: identifying every heir, getting signatures or court orders, and clearing the title. Alabama's version of the Uniform Partition of Heirs Property Act protects family owners in a court partition, including a chance to buy out a relative's share before a sale is ordered. (Ala. Code § 35-6A-2)
If the house is still in the name of someone who died years ago, fixing the title is step one. A title company or an Alabama attorney can tell you what it'll take.
Five Questions Before You Make a Plan
- Who can legally sign a sale right now?
- Is there a mortgage, back taxes or other liens?
- Does anyone live there, and under what arrangement?
- What would it bring today, without a single repair?
- What does each heir want: the house, the money or just to be done?
Your Choices With an Inherited House
Move In
Works when someone wants the house and can afford it, including buying out the other heirs. If there's a mortgage, call the servicer; federal rules generally let an heir keep paying it without the loan being called due.
Rent It Out
An option if the numbers work and someone's willing to be a landlord under Alabama's landlord-tenant law. (See Selling a House With Bad Tenants in Alabama.)
Renovate, Then List
Usually the best price when the house needs cosmetic work and the heirs agree on the budget and the timeline.
Sell It As-Is
If it needs real work, the family is spread out, or nobody wants a project, an as-is sale lets you be done quickly. 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.
What Is It Actually Worth?
Look at recent sales of truly similar houses nearby, then be honest about the condition: roof, HVAC, plumbing, electrical, foundation and moisture. Alabama humidity is hard on houses that sit closed up. The county's appraised value is for property taxes and often lags the market. A Huntsville suburb, a Mobile neighborhood near the bay and a rural county can move very differently, so local comps matter more than any statewide number.
Want a Number to Compare Against?
Tell me where the house is and who the heirs are. I'll send an as-is number the whole family can look at, and tell you if a listing makes more sense.
Don't Let "Fix It Up First" Cost You $40,000
Repairs only pay off if they add clearly more to the price than they cost, after the extra months of taxes, insurance and utilities. Older Alabama houses often hide termite damage, moisture and outdated wiring that show up only after work starts. Get the heirs to agree in writing on the budget, who pays and how it's repaid from the sale.
What You Have to Tell a Buyer
Alabama generally follows "buyer beware" for existing homes, so there's no state disclosure form you're required to fill out. But you can't hide known defects that affect health or safety, and you have to answer a buyer's direct questions honestly. (Nolo – Alabama Sellers' Disclosure Obligations) Heirs who never lived there should say what they know and what they don't.
Before Anything Gets Thrown Away
Before the dumpster arrives, pull out legal papers, valuables, photographs, family records and anything sentimental. Families move fast through a house and find out later that the thing they wanted most was in a box nobody opened. Once the important things are safe, the rest can go to family, an estate sale, donation or a clean-out crew, or stay with the house in an as-is sale.
If You Inherited It With Siblings
- Everyone agrees to sellPut the price range, who handles it and how costs come out of the proceeds in writing.
- One sibling buys out the othersUse an appraisal or an agreed number, and confirm the buyer can actually finance it.
- One sibling lives thereDecide whether they pay rent or the expenses, and put an end date on it.
- Nobody agreesAny co-owner can ask a court for a partition. Alabama's heirs' property rules give family members a chance to buy out a share before any court-ordered sale. (Ala. Code § 35-6A-7)
Is There a Deadline to Decide?
There's no legal deadline, but costs keep running. Alabama property taxes are due October 1 and delinquent after December 31, and unpaid taxes can lead to a tax sale. Insurance may be limited on an empty house. Lawn care, utilities and break-in risk add up every month. If there's a mortgage that's behind, Alabama foreclosures usually happen out of court and can move fast. (See Selling a Vacant House in Alabama, Selling a House With Delinquent Property Taxes in Alabama and Selling a House in Foreclosure in Alabama.)
Taxes: Get a Date-of-Death Value
Heirs generally take the house at its value on the date of death for tax purposes, which is why selling within a year or so usually produces little taxable gain. Get an appraisal or a solid value letter as of the date of death and keep it. Alabama has no inheritance tax. If you live in the house, apply for the homestead exemption in your own name; it doesn't carry over from the person who died. Talk to a tax professional about your own situation.
If You Live Outside Alabama
You can sell without moving back to deal with it. Alabama closings are often handled by attorneys or title companies, and many can be done by mail or with a remote notary. The hard part is the house itself: checking on it, clearing it out and managing work from far away. That's where a buyer who'll take it with the contents makes the most sense.
Listing vs. Selling As-Is
- Listing with an agentOften the higher price for a house in good shape, in exchange for prep work, open houses, inspection repairs and waiting on a buyer's loan.
- An as-is saleA lower price that already accounts for repairs, risk and the investor's margin, in exchange for a quick, predictable closing and almost nothing to manage.
The Best Price Isn't Always the Goal
A man who lived several states away once asked me to buy his childhood home after his father died. It was in good shape, and I told him more than once he'd net more by listing it. He understood, and chose an as-is sale anyway because being done mattered more to him than the last dollar. He never came to the closing; the money was wired to him. I lay out the tradeoff honestly, and the decision stays yours. (The whole story is on my About page.)
Common Mistakes
- Assuming two names on a deed means survivorship.
- Ignoring a title still in a long-dead relative's name.
- Letting the property taxes go delinquent.
- Committing to a renovation before every heir is on board.
- Clearing the house before anyone checks the boxes.
- Skipping the date-of-death appraisal.
- Hiding a known safety problem from a buyer.
Where I Fit, and Where I Don't
Heirs usually call me when the house needs real work, still holds a lifetime of belongings, sits several states away from them, or nobody wants to run a renovation.
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 it's in good condition and the family agrees on fixing it up and listing it, you'll likely do better with an agent. I'll tell you that.
Whichever side of that line you're on, you'll hear it from me upfront.
In a Seller's Words
“Thank you for contacting me. I didn’t know what I was going to do with this house since it wasn’t in any condition to list with a realtor.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Often, yes. The personal representative can sell during probate with the authority from the will or court approval. A house with a survivorship deed may not need probate at all.
Land that passed down without an estate being settled, so title is still in a deceased owner's name and many descendants own a share. It can be sold once the title is cleared.
No. With an as-is sale, you can take what matters to you and leave the rest. Dennis Buys Houses handles what's left.
Alabama doesn't require one for existing homes, but you can't hide known health or safety defects or lie when asked.
Probably not much, if you sell soon. Your basis is the value at death, so there's little gain, and Alabama has no inheritance tax.
Talk numbers first. A buyout is common, and any co-owner can ask a court for a partition.
The judge of probate in your county handles both estates and deed records. The key statutes are Ala. Code § 35-4-7 (survivorship) and Ala. Code § 35-6A-7 (heirs property partition).
Alabama Selling Guides
- How to Sell a House in Probate 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
Still Deciding What to Do With It?
Give me the basics on the house and the family. You'll get a straight as-is number, and if a buyout or a listing is the smarter move, I'll say so.