Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Alabama attorney.
Detailed Answer
When someone who is an heir occupies an inherited property and refuses to vacate or sell their share, Alabama law provides several paths to resolve the dispute. Which path applies depends on how title passed (through probate, joint ownership, or directly), any existing life estate or homestead rights, and whether the occupant has a legal right to stay.
1. First step—check title and estate status
Start by confirming who legally owns the property right now:
- If the estate is still in probate and the personal representative controls estate property, the representative may have authority to manage or remove occupants subject to court approval.
- If probate has closed and the property was distributed to heirs (for example, as tenants in common), each heir owns an undivided share and generally has equal rights to possession unless a will or deed says otherwise.
- Look for life estates, surviving-spouse homestead rights, or joint tenancy with right of survivorship—those can let a person remain on the property even if other heirs object.
2. Negotiation, demand letter, and mediation
Often the quickest, least costly route is negotiation. That can include:
- Sending a formal written demand to vacate or to discuss buyout terms.
- Offering a cash buyout, a payment plan, or dividing income/rental proceeds while a solution is arranged.
- Using a mediator experienced in probate/real estate disputes to reach a settlement about sale, buyout, occupancy credits, or buyout price.
3. Partition action (court-ordered division or sale)
If negotiation fails and co-owners cannot agree, an heir may file a partition action in the appropriate circuit court asking the court to:
- Partition in kind—physically divide the land if practicable (rare for a single house lot).
- Partition by sale—the court orders sale of the property and divides proceeds among owners according to shares.
Partition actions force a judicial resolution when co-owners cannot agree. Expect court costs, attorney fees, appraisal and sale expenses, and a timeline that can take many months.
4. Possession and rent—what the court may order
An occupant who refuses to leave but is merely a co-owner usually cannot be forcibly removed solely because another co-owner wants possession. Courts may:
- Allow the occupant to remain until partition but credit the other owners for a portion of rental value or household expenses paid by those owners.
- Order the occupant to pay rent to the estate or to the co-owners for exclusive possession from the date of partition filing or another date the court finds fair.
- After a partition-by-sale, the purchaser at sale will receive possession; a court can order the occupant removed at that time.
5. Ejectment or unlawful detainer—limited options if the occupant is not a lawful owner
If an occupant has no ownership or legal right (for example, they were a tenant of the decedent and the lease ended at death), the rightful owner may file an ejectment or unlawful-detainer action to regain possession. If the occupant is an heir and title has passed to others, ejectment is rarely the correct remedy; partition is the appropriate remedy among co-owners.
6. Practical and financial considerations
Be prepared for these consequences when pursuing court remedies:
- Costs: filing fees, appraisal fees, attorneys’ fees, and costs of sale reduce the proceeds to heirs.
- Timing: probate and partition cases can take many months to resolve.
- Credits: courts may offset occupancy value, mortgage payments, taxes, insurance, and repairs when dividing proceeds.
7. When an executor or personal representative is involved
If the estate is active, the personal representative has a duty to protect estate assets. The representative can petition the probate court for instructions about managing property, collecting rent, or selling estate property for distribution—subject to probate court approval.
8. Where to find Alabama rules and court help
State and court resources can help you understand procedures and where to file:
- Alabama Legislature — Alabama Code and statutes: https://www.legislature.state.al.us/
- Alabama Unified Judicial System — court information and local circuit court contacts: https://judicial.alabama.gov/
Helpful Hints
- Confirm ownership first: get a certified copy of the deed or check county land records to see who holds title now.
- Check probate status: contact the probate court where the decedent lived to see if the estate remains open or if distribution already occurred.
- Document everything: keep written demand letters, records of payments, repairs, improvements, and any communications about occupancy or offers to buy out.
- Consider mediation: it often saves money and time compared to going to court.
- Understand costs: partition and litigation reduce net proceeds—factor legal and court costs into settlement negotiations.
- Get local legal help: an Alabama probate or real estate attorney can advise on whether partition, an accounting for occupancy, or other remedies fit your case.
- Act promptly: delays can complicate accounting for rent, tax obligations, mortgage payments, and preserving evidence.
If you want, provide the county where the property sits and whether probate is open. With those facts, a local attorney can give specific guidance about filing, likely timelines, and likely costs.