Probate in Baldwin County and Mobile, AL: Selling an Inherited House

Short answer: in Alabama a house cannot go through the small-estate shortcut, so if the person who died owned it in their own name, someone has to open an estate at the county probate court before it can be sold — the Baldwin County court in Bay Minette, or the Mobile County court downtown. The court issues letters to a personal representative, that person can sell the house if the will gives them the power or the court approves it, and creditors get six months to make claims. A clean case takes a few months; a will that was never filed within five years of death, or heirs who cannot agree, takes longer. Below is how it actually runs in these two counties, what you can and cannot do before the paperwork is done, and where we fit in.

This is practical information from a local buyer, not legal advice. Every estate is different; a Baldwin or Mobile County probate attorney is the right person to confirm your situation.

Does the house have to go through probate?

Usually, yes. Alabama’s summary-distribution shortcut for small estates only applies to a person who owned no real property at death (Ala. Code § 43-2-691). A house takes that option off the table. The exceptions are the ways a house passes outside probate altogether:

• Survivorship deed. If the deed named two owners “with right of survivorship,” the survivor already owns it. A plain “joint” deed without those words does not do this in Alabama — the deceased owner’s share goes through their estate.
• A trust. If the house was deeded into a living trust, the trustee sells it under the trust, not the court.
• Already probated. If a previous estate distributed the house to the heirs by deed, the heirs own it and sell it themselves.

If none of those apply, the house is in the estate, and the estate has to be opened.

Where it happens

Baldwin County

Estates are handled only at the Baldwin County Probate Court, 220 Courthouse Square, Bay Minette. The satellite offices in Fairhope, Foley and Robertsdale record deeds and handle tags and titles, but a will or a petition for letters goes to Bay Minette. Plan on the drive; nothing about an estate is filed in Fairhope.

Mobile County

The Mobile County Probate Court is at 151 Government Street, downtown Mobile (the Government Center Annex). Its Judicial Division handles estates; its Recording Division records the deed when the house eventually sells.

The five-year rule most families find out about too late

A will has to be filed for probate within five years of the date of death or it is not effective (Ala. Code § 43-8-161). This matters more than it sounds. A house in a parent’s or grandparent’s name from a death in 2015, with a will in a drawer that nobody filed, is now an intestate estate — the will no longer controls who gets it, Alabama’s intestacy rules do, and every heir under those rules has a say. We see this on inherited houses in Baldwin and Mobile County every month. It is fixable, but it is a different and slower process than the family expected.

Who can sign to sell the house

Until the court appoints someone, nobody can sign a contract that binds the estate. The court appoints a personal representative — an executor if there is a will, an administrator if there is not — and issues letters testamentary or letters of administration. Those letters are what a title company needs to see.

Having letters is not the same as having the power to sell. In Alabama, title to land passes to the heirs or devisees at the moment of death, subject to the estate’s need to pay debts and expenses. So the personal representative can sell the house only in one of these ways:

1. The will expressly gives the power of sale. Then the representative can sell without going back to the court (Ala. Code § 43-2-844).
2. The court approves the sale. If the will is silent or there is no will, the representative petitions the probate court for authority — to pay debts or expenses of administration (§§ 43-2-441, 43-2-442), or because the land cannot be divided fairly among the heirs (§ 43-2-443).
3. The heirs sell it themselves after distribution, once the estate deeds the house to them. Then every heir on the deed signs.

Ask which of the three you are in before you talk to any buyer. A buyer who does not ask is going to find out at the closing table, and that is when deals fall apart.

The six-month creditor window

Once letters are issued, creditors have six months from the grant of letters (or five months from the first published notice, whichever is later) to present claims; claims not presented in time are barred (Ala. Code § 43-2-350). Practically, this sets the floor on how fast an estate can be wrapped up, and some title companies want the window closed before they will insure a sale to a buyer. A sale to pay debts can happen inside the window; a distribution to heirs usually waits for it. Build that into your timeline rather than fighting it.

A realistic Baldwin County timeline

Contested wills, a missing heir, a house with a mortgage in default, or a representative who lives out of state all stretch this. Mobile County runs on the same statutes with a busier docket.

What you can do before probate is finished

• Secure and insure the house. A vacant house in Baldwin County in hurricane season is a liability. Change the locks, keep the power on to run the air, and tell the insurer it is vacant — many homeowner policies limit or drop coverage once a house has sat empty for 30 to 60 days, so ask the insurer rather than assume.
• Find out what is owed. Mortgage payoff, property tax status with the county revenue office, any HOA dues, any recorded liens. All of it comes out of the sale.
• Get a number. You can get an as-is cash offer before letters are issued; you just cannot accept it on the estate’s behalf yet. Knowing the number helps the family decide whether to repair and list, or sell as-is.
• Do not let anyone move in, and do not let anyone start “fixing it up.” Both create problems the representative has to unwind later.

Inherited mobile homes are different

A manufactured home is personal property, not real estate, unless it was formally attached to land the person owned. Alabama only titles manufactured homes of model year 2000 and newer, and when the estate is not being probated a Next of Kin Affidavit (form MVT 5-6) plus the death certificate can transfer it. Our sister company handles those: inherited mobile homes in Baldwin County.

How we buy a house from an estate

We buy houses in probate across Baldwin and Mobile County as-is — no repairs, no clean-out, no showings, and the seller can leave what they do not want. We work with the family’s attorney on the timing: we can write the offer now, sign once letters are issued, and close as soon as the representative has authority and the title company is satisfied. Payoffs, back taxes and liens are settled out of the proceeds at closing. If the house is in good shape and the family has the time and the agreement to list it, we will say so — a retail sale after probate usually brings more than a cash offer, and we would rather tell you that than buy a house we should not.

Questions families ask

Can you sell a house in Alabama before probate is complete?

Yes, once the personal representative has letters and either a power of sale in the will or a court order. The estate does not have to be closed; the sale can be one of the steps that closes it. What you cannot do is sell before anyone has been appointed.

Do all heirs have to agree to sell an inherited house in Alabama?

If the house has already been distributed to the heirs by deed, yes — every owner signs. If it is still in the estate, a personal representative with proper authority can sell without every heir’s signature, though the court will hear objections. If the heirs own it and one will not sign, the remedy is a partition action, which is slow and expensive; most families settle before that.

How long does probate take in Baldwin County, Alabama?

Six to twelve months for an uncontested estate, driven mostly by the six-month creditor window that starts when letters are issued. Filing quickly in Bay Minette is the one part of the timeline the family controls.

What if the will was never filed?

If it has been less than five years since the death, file it now at the probate court. If it has been more than five years, the will is no longer effective and the estate passes by Alabama’s intestacy rules — the house goes to the heirs the statute names, not the ones the will named. An attorney can still open an administration; it is just a different case.

Where do I file probate for a house in Fairhope, Daphne or Foley?

Bay Minette — the Baldwin County Probate Court at 220 Courthouse Square. The Fairhope, Foley and Robertsdale offices do not handle estates.

Can a house go through Alabama’s small-estate process?

No. Summary distribution is only available when the person who died owned no real property. Any house in their name means a regular estate.

Updated 24 September 2026.

Sources: Ala. Code § 43-8-161 (five-year limit to probate a will); § 43-2-350 (six-month creditor claims); § 43-2-844 (sale of land needs the will’s authority or prior court approval); § 43-2-691 (small estates: no real property); Mobile County Probate Court (151 Government St); Baldwin County Probate Court, 220 Courthouse Square, Bay Minette. Related reading on this site: selling a house in probate in Mobile, do all heirs have to agree?, can you sell before probate is complete?, can I skip probate?, what probate costs, executor mistakes to avoid.

Where the house is: if it is in Daphne, Spanish Fort, Foley, Robertsdale, Bay Minette and Gulf Shores, that town’s page covers local closing detail, and the Baldwin County page covers the whole county.