Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney for guidance on your specific situation.
Detailed Answer
When your deceased parent is the sole grantee on a deed in Alabama, ownership doesn’t automatically pass to you or other relatives at death. Title must be transferred through probate or certain statutory affidavits. Follow these steps to determine who holds legal title under Alabama law.
1. Review the Deed and Estate Planning Documents
Obtain a certified copy of the deed from the county probate office or county recorder. Determine whether the deed names your parent as fee simple owner or in joint tenancy with right of survivorship. If you find a joint tenancy, the surviving tenant often automatically inherits. If no joint tenancy or survivorship clause exists, proceed to probate.
2. Locate a Will or Trust
Search your parent’s records for a valid will or trust. If a will exists, it directs distribution of real property. Submit the will to the probate court in the county where your parent lived at death. The court appoints a personal representative who oversees asset distribution.
3. Open a Probate Estate
If there is no will, open an intestate estate under the Alabama Probate Code. File a petition in the probate court for Letters of Administration. The court appoints an administrator to gather assets, pay debts, and distribute property.
4. Determine Heirs Under Alabama Intestacy Laws
When someone dies without a will, ownership of their real property passes to heirs according to Alabama Code § 43-8-42 and related sections. Major rules include:
- If the decedent leaves a surviving spouse only, the spouse inherits all real property (§ 43-8-42).
- If there is a spouse and one child, the spouse receives half and the child receives half (§ 43-8-43).
- If there is a spouse and multiple children, the spouse gets one-third and children share two-thirds (§ 43-8-44).
- If there is no spouse or descendant, parents inherit equally (§ 43-8-41).
5. Transfer Title via Probate or Heirship Affidavit
After the court declines to transfer or distributes the property, record a new deed in the probate office. If the estate qualifies as a small estate (value under certain limits), you may use an affidavit of heirship instead of opening full probate. See Alabama Code § 43-2-536 for affidavit requirements. Once recorded, the affidavit vests title in the heirs named.
Helpful Hints
- Check if the deed included a right-of-survivorship clause (joint tenancy).
- Search safe-deposit boxes or file cabinets for a will.
- Consult the local county probate clerk about filing fees and required forms.
- Gather certified death certificate and heirship information before filing.
- Consider hiring a probate attorney if the estate is complex or contested.