Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney before taking action.
Detailed Answer
1. Determine Your Authority to Convey
When a decedent dies owning real property, title passes automatically to the heirs by intestate succession under Alabama law. If the estate has been opened in probate, the personal representative may execute a Deed of Distribution under Ala. Code § 43-2-350. If no probate occurs, heirs may rely on an Affidavit of Heirship under Ala. Code § 43-2-255 to establish their right to convey.
2. Choose the Proper Deed Form
Out-of-state jurisdictions generally accept similar deeds. Common options include:
- Quitclaim Deed: Conveys only the heirs’ interest without warranty. Use when heirs do not want to guarantee clear title.
- General Warranty Deed: Provides full title assurances. Use if heirs are confident there are no title defects.
- Administrator’s or Executor’s Deed (Heirs’ Deed): If an Alabama personal representative handles distribution, this deed of distribution conveys full title after probate.
3. Meet the Recording Requirements of the Property’s Jurisdiction
Real estate is governed by the law where it sits. Even though Alabama law determines the heirs’ right to convey, you must follow the local deeds law where the property is located. Generally you must:
- Prepare a deed conforming to the local state’s statutory form and content requirements.
- Have all heirs (or the personal representative) sign the deed in the presence of a notary public.
- Attach any required affidavits, such as the Affidavit of Heirship or a death certificate, as required by the recording jurisdiction.
- Submit the original deed and attachments to the county recorder or register of deeds in the county where the property lies.
- Pay the recording fee and any transfer taxes or documentary stamp taxes required by that jurisdiction.
4. Post-Recording Steps
After recording, obtain a certified copy of the recorded deed. Provide it to buyers, title companies, and mortgage lenders as proof of clear title. Retain a copy in your records.
Helpful Hints
- Before drafting, check the county recorder’s website of the state where the land lies for local deed templates and fee schedules.
- If heirs disagree on sale terms, consider opening an Alabama probate estate and appointing a personal representative to streamline conveyance.
- Use an Affidavit of Heirship only if the local jurisdiction accepts it; some states require full probate.
- When in doubt, hire a local real estate attorney in the property’s jurisdiction to ensure the deed meets all formalities.
- Retain all signed originals. Some recorders require the original notarized deed and attachments for recording.