Selling an Inherited House in Alabama: Probate, Heirs, and Your Options

Under Alabama law, a house passes at death to the people named in the will, or to the heirs if there is no will, but it stays subject to the estate's debts and to administration (Ala. Code § 43-2-830). Before anyone can buy it, a title company or closing attorney will want to see who has the authority to sign the deed.

That authority usually comes from the probate court. If there is a will, the court admits it to probate and issues letters testamentary to the executor named in it. If there is no will, the court appoints an administrator and issues letters of administration. Either way, the person holding letters is called the personal representative.

Do not sit on a will. Alabama generally requires a will to be offered for probate within five years of death (Ala. Code § 43-8-161), and a will that misses that window may not be given effect.

Often, yes. The first question is what the will says.

• The will gives the executor power to sell. The personal representative can generally sell once letters are issued, without a separate court order.
• The will is silent, or there is no will. The personal representative generally needs the probate court's approval to sell the real estate. That adds a petition and some time, but it is a normal part of probate.
• The heirs want to sign together without a full administration. Whether that works depends on the estate and on what the title company will insure. Ask the closing attorney before you count on it.

Creditors matter too. Claims against an Alabama estate generally must be filed within six months after letters are granted, or within five months after the first published notice to creditors, whichever comes later (Ala. Code § 43-2-350). Some personal representatives close after that window, and others hold back part of the proceeds until it passes. A probate attorney can tell you what fits your estate.

Disagreements usually come down to three positions. One heir wants to keep the house, one wants to rent it, and one wants the money now. Ways through it:

• Buyout. The heir who wants the house pays the others their shares, based on an appraisal or an agreed price, often with a new loan.
• Sell and split. Everyone signs, the house sells, and the title company pays each heir their share of the net proceeds at closing.
• Partition. If nobody can agree, a co-owner can ask a court to divide or sell the property. Alabama adopted the Uniform Partition of Heirs Property Act (Ala. Code § 35-6A-1 and following), which covers many inherited houses and gives the other co-owners a chance to buy out the person who asked for a sale. Partition is slow and runs up attorney fees on all sides, so it is usually the last resort.

A firm cash offer can help a stuck family because it puts a real number on the table. Each heir can compare that number to the cost and time of repairs, a listing, or a lawsuit.

Clearing out a parent's house is often the hardest part, physically and emotionally. Start with what matters most: photos, keepsakes, and anything named in the will. Look for papers too, like the deed, the insurance policy, the latest tax bill, and any mortgage statements.

After that, you have a choice. You can run an estate sale, donate, and haul off the rest, which can take weeks of weekends. Or you can sell to us as is. We buy houses with furniture and contents still inside. You take what you want and leave the rest.

An inherited house costs money every month, even when nobody lives there. Add up these lines for your house:

• The mortgage, if there is one. The loan does not stop because the borrower died, and missed payments can still lead to foreclosure.
• Property taxes. Alabama property taxes are due October 1 and delinquent if not paid by December 31.
• Insurance. Tell the insurer the owner has died and the house is empty. Many homeowners policies limit coverage, such as for vandalism, once a house has been vacant longer than a set period, commonly 60 days in a row. A vacant dwelling policy costs more.
• Utilities and upkeep. Power, water, lawn care, and gutters, so the house does not draw break-ins or code complaints.
• Surprises. Roof leaks, frozen pipes, and pests tend to show up when nobody is watching a house.

Multiply the monthly total by the number of months a listing would take, including any repairs before listing. That number belongs in your comparison.

If the house is updated and the estate has the time and money to carry it, listing with an agent will often bring the highest price. If the house needs work, is full of belongings, or the heirs live out of town, the math changes. Repairs, months of carrying costs, commission, and a buyer's loan that might fall through all come out of the estate's net.

With us, you get a cash offer usually within about 24 hours, with no commission, no repairs, and no clean-out. We pay the normal closing costs, the closing happens through a local title company or closing attorney, and the personal representative picks the closing date, so it can line up with the probate timeline. Any mortgage, liens, or back taxes on the house are paid from the proceeds at closing.

On taxes, inherited property generally takes a basis equal to its fair market value on the date of death. An heir who sells fairly soon often owes little or no federal capital gains tax. Check with a tax professional for your situation. For questions about the estate itself, an Alabama probate attorney is the right call. This page is general information, not legal advice.