Detailed answer — step‑by‑step guide

This guide assumes no unusual circumstances (no active disputes, no lender issues); it explains common paths to put title in your child’s name under Alabama law. This is general information and not legal advice.

1. Collect basic documents

• Certified death certificate for your spouse (order from Alabama Vital Records: https://www.alabamapublichealth.gov/vitalrecords/).
• Current recorded deed showing how title is held (copy from the county probate/records office).
• Any last will and testament or trust documents.
• Marriage certificate and your child’s birth certificate or other documents showing the relationship, if needed.

2. Confirm how the property is titled — this controls the path

Look at the recorded deed. Common possibilities:

• Tenants by the entirety or joint tenancy with right of survivorship: Title typically passes automatically to the surviving owner at death. You usually record the death certificate and a short affidavit to clear title and to have the county records show the surviving owner’s sole ownership.
• Sole ownership in the decedent’s name: The property becomes part of the decedent’s estate and usually requires probate administration (or a small‑estate procedure) before someone can sign a deed transferring it to an heir.
• Tenants in common: The decedent’s share passes by will or by intestate succession (through probate) to heirs and does not automatically go to the co‑owner.
• Held in trust: The successor trustee follows the trust terms to transfer title; probate may not be necessary.

3. If title passed automatically (survivorship/tenancy by entirety)

1. Obtain certified death certificate(s).
2. Contact the county probate/records office to learn their required documents to update the owner of record. Many counties accept a simple “Affidavit of Death of Joint Tenant” or similar affidavit plus the death certificate; the office will record that affidavit with the deed.
3. If you want the property moved into your child’s name (instead of the surviving spouse or surviving joint owner), you will need a deed conveying title to the child. A surviving owner can execute a deed (usually a quitclaim or warranty deed) to the child. That deed must be properly prepared, notarized, and recorded.

4. If the decedent owned the property alone (probate required)

1. If there is a will: the named personal representative (executor) must be appointed by the probate court. That representative will have authority to sign a deed (often called an executor’s or personal representative’s deed) conveying property to heirs.
2. If there is no will: the court appoints an administrator for the estate; the administrator executes deeds under court authority and the Alabama intestacy rules determine who inherits.
3. Small estate or simplified procedures: Alabama courts sometimes permit simplified ways to transfer real property or personal property when the estate is small. The availability and thresholds vary, so check with the local probate court.
4. After the representative signs a deed transferring title to your child, record that deed at the county office along with letters testamentary/letters of administration or the court order authorizing the transfer.

5. Prepare the deed correctly

• Use the correct deed form for the situation (executor’s deed, trustee deed, quitclaim, or general warranty deed as appropriate).
• Include a full legal description taken from the recorded deed.
• Have the deed signed by the person with transfer authority (surviving owner, executor, administrator, or trustee) in front of a notary.
• If there is a mortgage on the property, contact the lender — the mortgage may need payoff or the lender’s permission may be required for transfer.

6. Record the deed and supporting documents

1. File the new deed with the county probate/records office where the property is located. In Alabama counties the probate judge’s office commonly handles real property records; contact that local office for exact recording procedures and fees.
2. Record any required supporting documents with the deed (death certificate, letters testamentary, affidavit of heirship, court order, etc.).
3. Pay recording fees and any documentary transfer taxes if applicable.
4. Keep certified copies of the recorded deed for your records and provide copies to the tax assessor to update ownership and tax billing.

7. After recording — administrative follow up

• Update the county tax assessor and homeowner’s insurance records to show your child as owner.
• If title insurance exists, notify the title insurance company of the change.
• Consider consulting a real estate attorney to confirm the recorded deed cleared title and to handle any mortgage, survey, or boundary issues.

Key Alabama resources

• Alabama Unified Judicial System (general probate information and links to local courts): https://www.alacourt.gov/
• Alabama Vital Records (ordering certified death certificates): https://www.alabamapublichealth.gov/vitalrecords/
• Alabama Code (title on probate, wills, and estates; use this site to look up specific statutes): https://alisondb.legislature.state.al.us/

When the child can become owner without probate

If a surviving spouse or co‑owner holds title by survivorship, that person can execute a deed conveying the property to the child. If the decedent’s ownership was sole, transferring the property to the child will usually require probate or a valid non‑probate transfer mechanism (trust, beneficiary deed if previously used, etc.).

Common complications to watch for

• Disputed wills or competing claims by heirs.
• Outstanding mortgage, liens, unpaid property taxes, or judgments that must be cleared before sale or clean title transfer.
• Incorrect or incomplete legal description on the new deed — this can cloud title.
• If the decedent lived in the home, homestead and family allowance rules may affect the distribution of property in probate.

If you run into any of these issues, you should consult a probate or real estate attorney licensed in Alabama for tailored guidance.

Relevant statutory starting points (Alabama)

State probate and intestate succession rules appear in the Alabama Code (Probate, Wills and Estates). For court procedures and to find your local probate judge’s office, start with the Alabama Unified Judicial System: https://www.alacourt.gov/. For statutory text consult the Alabama Legislative Information System: https://alisondb.legislature.state.al.us/.

Helpful hints

• Start by getting several certified copies of the death certificate — recording offices and other institutions will request originals.
• Obtain a certified copy of the recorded deed showing current ownership before you do anything else.
• Contact the local county probate office early — each county has slightly different recording forms and fee schedules.
• If you expect any dispute among heirs, open probate quickly so the court can appoint a representative and avoid chaotic competing transfers.
• When in doubt about which deed form to use, hire a real estate attorney or title company to prepare the deed and handle recording to avoid mistakes that can cloud title.
• Keep detailed records of all filings, payments, and mailed notices connected to the transfer.