We Buy Houses in Probate Alabama

We Buy Houses in Probate in Alabama

Short answer: in Alabama, a house that was in the name of the person who died almost always has to go through the probate court before it can be sold. The court appoints a personal representative, and that person can sell the house once they have letters from the court and either a power of sale in the will or the court’s approval. You do not have to wait for the estate to be closed. Green South House Buyers buys probate houses as-is, works with the family’s attorney on timing, and closes when the paperwork allows. Call or text (251) 308-1215.

This page covers how probate works for a house anywhere in Alabama. For the Baldwin and Mobile County details, including the courthouses, a realistic timeline and what to do while you wait, see our Baldwin County and Mobile probate guide. This is general information, not legal advice; a probate attorney in your county can confirm your situation.

How probate works for a house in Alabama

The steps are the same in all 67 counties, because the statutes are statewide:

1. Open the estate. A will is normally filed in the probate court of the county where the person last lived (Ala. Code § 43-8-162). If there is no will, someone petitions the same court to be appointed administrator.
2. Get letters. The court issues letters testamentary (with a will) or letters of administration (without one). A title company will not close a sale from an estate without them.
3. Get authority to sell. Letters alone are not enough. The personal representative can sell the house if the will gives a power of sale (Ala. Code § 43-2-844), or with an order from the probate court (Ala. Code §§ 43-2-441 to 43-2-443).
4. Give creditors their window. Creditors have six months from the grant of letters to file claims (Ala. Code § 43-2-350). The house can often be sold inside that window, but the estate usually cannot be closed until it ends.
5. Sell, pay the debts, distribute the rest. Mortgage payoffs, back taxes and liens are paid at closing. What is left goes through the estate to the heirs.

Three Alabama rules that catch families out

A house rules out the small-estate shortcut. Alabama’s summary distribution for small estates only applies when the person owned no real property (Ala. Code § 43-2-691). If there is a house in their name, a regular estate has to be opened.

A will has to be filed within five years. A will not offered for probate within five years of the death is not effective (Ala. Code § 43-8-161). After that, the house passes as if there were no will, which can change who inherits it.

Joint ownership is not always survivorship. If the deed names two owners “with right of survivorship,” the survivor owns the house and it skips probate. A deed that just names two owners, without survivorship language, leaves the deceased owner’s share in their estate.

If there is no will

Alabama’s intestacy statute decides who inherits. A surviving spouse takes a share set by statute; the rest goes first to the children (or grandchildren in place of a child who has died), then to parents, then to brothers and sisters and their descendants, then to grandparents’ families (Ala. Code §§ 43-8-41 and 43-8-42). If there are no children or parents, the spouse takes everything.

Every heir under those rules has an interest in the house, which is why estates with no will and several heirs often take longer to sell.

When heirs cannot agree

If the estate has already deeded the house to the heirs, every heir on the deed has to sign to sell it. If one will not, the others can ask a court to partition the property. Alabama’s heirs property law (Ala. Code § 35-6A-1 and following) adds protections in those cases, including a court-ordered valuation and a chance for the other heirs to buy out the share of the heir who asked for a sale (§§ 35-6A-6 and 35-6A-7). Partition cases are slow and costly, and most families settle before one ends. See also do all heirs have to agree to sell?

Taxes on an inherited house in Alabama

• No Alabama estate tax return has been required for deaths after December 31, 2004 (Alabama Department of Revenue), and Alabama has no separate inheritance tax.
• Federal income tax on the sale is usually small. Inherited property generally takes a tax basis equal to its value at the date of death (26 U.S.C. § 1014), so a sale soon after often shows little or no gain. Ask a tax professional about your case.
• Property taxes keep running. They are paid out of the sale at closing, along with any back taxes.

Where to file

Every Alabama county has its own probate court, run by an elected judge of probate. A few counties have more than one office: Jefferson County, for example, has a separate Bessemer division. In our area, Baldwin County estates are handled only at the probate court in Bay Minette, and Mobile County estates at the probate court at 151 Government Street in downtown Mobile.

How we buy probate houses

1. Tell us about the house. Call, text or use the form. It helps to know whether letters have been issued and whether there is a will.
2. We look at the property. No repairs, cleaning or clean-out first. The family can take what it wants and leave the rest.
3. You get a written cash offer. You can have a number before letters are issued; the personal representative signs once they have authority to sell.
4. We close when the paperwork allows. We coordinate with the estate’s attorney and a local title company. There is no commission, we pay the seller’s standard closing costs, and payoffs, liens and back taxes come out of the sale, not up front.

We focus on Mobile and Baldwin counties and the Gulf Coast, and we also look at probate houses elsewhere in Alabama.

When you should list with an agent instead

If the house is in good condition, the heirs agree, and nobody needs the money quickly, listing it with a local agent after the personal representative has authority will usually bring a higher price than a cash offer, ours included. A direct sale makes sense when the house needs work, the heirs live out of town, the estate has debts to pay or a vacant house is costing money every month.

Alabama probate house questions

How long does it take to sell a house in probate in Alabama?

The sale itself can happen as soon as the personal representative has letters and authority to sell, which is often a matter of weeks after filing. Closing the whole estate usually takes at least six months because of the creditor window, and longer if heirs disagree or the will is contested.

Can a personal representative sell a house without the heirs’ consent in Alabama?

Yes, if the will gives a power of sale (Ala. Code § 43-2-844) or the probate court orders the sale. Heirs are usually given notice of a petition to sell and can object to the court. Once the house has been deeded to the heirs, every heir has to sign.

What happens to a house in Alabama if there is no will?

It passes under Alabama’s intestacy statute: to the surviving spouse and children, or, if there are none, to parents, then siblings and their families (Ala. Code §§ 43-8-41 and 43-8-42). An administrator appointed by the probate court handles the sale.

Do heirs pay tax when they sell an inherited house in Alabama?

Usually very little. Alabama has no inheritance tax, and for federal income tax the house generally takes its value at the date of death as its basis, so a prompt sale often shows little or no gain. A tax professional can confirm.

What if one heir refuses to sell?

While the house is still in the estate, a personal representative with authority can sell it. After it is deeded to the heirs, the others can ask a court for a partition, and Alabama’s heirs property law lets them buy out the share of the heir who wants a sale. Most families reach an agreement first.

Updated 7 October 2026. Sources: Ala. Code § 43-8-162 (where a will is probated), § 43-2-844 (power of sale), §§ 43-2-441 to 43-2-443 (court-ordered sales), § 43-2-350 (creditor claims), § 43-2-691 (small estates), § 43-8-161 (five-year limit), §§ 43-8-41 and 43-8-42 (intestate shares), Ala. Code Title 35, Chapter 6A (heirs property); Alabama Department of Revenue (estate tax filings); 26 U.S.C. § 1014 (basis of inherited property). Related: selling a house in probate in Mobile, can you sell before probate is complete?