How an Alabama probate transfers real property under a will

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Alabama attorney or your local probate court.

Detailed answer — overview of the process under Alabama law

When a person dies owning real property in Alabama and leaves a will, the usual route to transfer title to the beneficiaries named in the will is through probate in the county where the decedent lived. In Alabama, probate is the court process that validates a will, appoints and empowers the person who will act for the estate (the personal representative, often called an executor), and provides the court orders and certified documents you need to transfer title to real estate.

Below is a straightforward, step‑by‑step description of how that process typically works for transferring real property under a will in Alabama.

File the will and a petition to probate.

The process begins when someone (usually the person named as executor in the will, or an interested party) files the original will and a petition to admit the will to probate in the probate court of the decedent’s county of residence. The probate court determines whether the document is a valid will and whether it should be admitted to probate.
Court examines the will and gives notice.

The court reviews the will for formal validity. The probate rules require notice to certain interested people (heirs, beneficiaries, and sometimes creditors). The court may set a short period during which objections can be filed.
Appointment and qualification of the personal representative (executor).

If the will names an executor, the court will typically appoint that person by issuing “letters testamentary” (sometimes called letters of administration with will annexed). The executor must qualify under the court’s rules — usually by taking an oath and, if the court requires, posting a bond. Once qualified, the executor has the legal authority to manage estate assets, including real property, pay debts, and transfer property under the will.
Gather estate assets and pay debts, expenses, and taxes.

The executor collects assets, locates title documents, notifies creditors, and pays valid debts, funeral expenses, and any taxes. Because creditors have a statutory window in which to present claims, it is important to follow the probate schedule before distributing property. Distributing real property before debts are handled can create personal liability for the executor.
Prepare and record instruments to transfer title.

To transfer real estate to the beneficiaries, the executor prepares a deed (for example, a trustee’s deed or executor’s deed) that conveys the property to the person(s) named in the will. The deed must be signed by the executor in the capacity as personal representative and usually recites the probate court order admitting the will. The executor records the deed in the county office that records real property (in Alabama, deeds are recorded in the probate judge’s office in most counties). The recorder will typically require a certified copy of the court’s probate order and certified letters showing the executor’s authority (letters testamentary) before accepting the deed for recording.
Title changes and third parties.

After recording, the county’s records will show the new owner(s) by virtue of the recorded deed. Title companies and mortgage holders will typically ask to see certified copies of the probate order and letters testamentary. If a mortgage exists, the lender’s payoff or satisfaction must be handled through the estate process.

When a simplified or limited procedure might apply

Alabama has mechanisms that can streamline the transfer of small estates or certain personal property, but for real property the usual route is formal probate to produce recorded evidence of authority. If the estate has no debts and the property is jointly held or has a beneficiary designation or transfer‑on‑death mechanism, a full probate may not be necessary. Because these rules vary with facts, consult the probate judge’s office or an attorney for options in a particular case.

Where to read Alabama probate law and get local rules

Alabama statutes and the probate court’s local procedures govern the details (notice periods, bond amounts, forms). You can search the Alabama Code and find probate resources at the Alabama Legislature and the Alabama Judicial System sites. The probate court clerk (probate judge) in the county where the decedent lived is the practical place to start for forms and filing requirements.

Alabama Legislature code search: https://alisondb.legislature.state.al.us/

Alabama Judicial System (probate information): https://judicial.alabama.gov/

Practical documents and items you will need

Original or legally admitted copy of the decedent’s will
Certified copy of the death certificate
Petition to probate and any local court forms required by county probate court
Identification for the nominated executor
Certified letters testamentary or letters of administration issued by the probate court
Deed prepared to convey the property (executor’s/executrix’s deed) and supporting probate order to record with the county

Helpful hints — navigating a real property transfer after probate

Get certified copies: Obtain multiple certified copies of the probate order and letters testamentary. Title companies, banks, and the county recorder will want certified copies; one set rarely suffices.
Do a title search: Before recording a deed, confirm whether there are mortgages, liens, or judgments against the property and handle those through the estate.
Record the deed where the land is located: In Alabama, record the executor’s deed (and the certified probate documents) in the county office that records deeds — typically the county probate office. Requirements may vary by county.
Don’t distribute before clearing claims: Make sure creditor claims and necessary taxes are resolved as required by Alabama law before distributing real property to avoid personal liability for the personal representative.
Check for homestead and family allowances: Alabama law provides certain allowances for a surviving spouse and minor children. Make sure the probate process follows the statutory requirements before making distributions.
Consider title insurance or a quiet‑title action if ownership is unclear: If the chain of title has problems or there are disputes, a title company or attorney can help clear title or file a quiet‑title lawsuit.
If you’re the executor, consider bond requirements: The court may waive the bond named in the will or require a court bond; understand whether you must post one before acting.
If you face disagreements or challenges, hire a probate attorney: Contested wills, creditor disputes, or complicated property title issues are situations where legal counsel is advisable.

Typical timeline and costs

Timing depends on complexity. Simple probate and transfer of a single parcel with no creditor claims or disputes can often be completed in a few months. Estates with creditors, real property needing sale, or contested issues can take a year or more. Costs include court filing fees, possible bond premiums, attorney fees if you hire counsel, and recording fees for deeds. Title companies may charge for title searches and closing services.

Next practical steps

Contact the probate court in the county where the decedent lived to learn local filing requirements and get the needed forms.
Gather the original will, death certificate, and property records.
Decide whether you, as a beneficiary or proposed executor, are comfortable handling the probate and transfer process yourself or whether to consult a probate/real estate attorney.

If you want, tell me the county in Alabama where the decedent lived and whether there are mortgages or disputes, and I can outline the likely local steps and common forms you will encounter.