Alabama estates go through the county probate court
In Alabama, estates are handled by the probate court in the county where the person lived. Jefferson County's probate court has a Birmingham division and a Bessemer division, and Shelby County's is in Columbiana. The court issues letters to the personal representative, and a title company will ask for a copy of those letters before closing.
Does the court have to approve the sale?
It depends. Some wills give the personal representative the power to sell real estate; in other estates, the court may need to approve the sale. The type of administration matters too. An Alabama probate attorney can tell you what your estate needs before you sign a contract.
What to gather before selling
- The death certificate and the will, if there is one.
- Your letters from the probate court.
- The deed and recent property tax bills.
- Mortgage or home equity statements, if any.
- A list of heirs and their contact details.
Selling the house as-is
Estate houses often sit empty while paperwork moves along, and empty houses need insurance, utilities and checks. A buyer who purchases as-is can take the house with repairs and belongings, which can make settling the estate simpler. Expect the price to reflect that. If the house is updated and the estate has time, listing it may net more. Read our guide to selling a House During Probate for how probate works in all three states we serve.
For a broader explainer that covers Alabama, West Virginia and Pennsylvania, read selling a House During Probate.
Selling in another state? See the Pennsylvania and West Virginia versions of this page.
General information, not legal, tax or financial advice. Laws and procedures change, so check with a licensed attorney, tax professional or HUD-approved housing counselor about your situation. UglyDuck is a home-buying and lead-generation service: we may buy your house ourselves or share your request with a trusted local buyer.