Inheriting a house in Alabama rarely comes at a convenient time. Often, this inheritance comes during a time of loss — and as you’re grieving, this just feels like a big to-do on the list. You might feel overwhelmed or unsure where to start, and that’s completely normal. This guide is designed to help you navigate the first 30 days with ease.
Confirm the Legal Status of the Property
Before you get started with anything else, you’ll want to confirm the legal status of your inherited property. In many cases, whether a property needs to go through probate depends on how ownership was structured before the previous owner passed.
If the house was solely in the deceased’s name and passed through a will, it will likely need to go through Alabama’s probate process. If there was no will, the property is typically handled under the state’s intestacy laws instead. However, this often depends on other factors too: if the home was held in a trust, owned jointly with rights of survivorship, or transferred through a Life Estate deed, it may bypass probate entirely.
Because inherited home probate in Alabama can vary case by case, this is a good moment to loop in a probate attorney who can confirm exactly where things stand.
Secure and Maintain the Property
Next, let’s focus on protecting your property.
- Change the locks — Unsure who still has access to the house? Make sure locks are changed and keys are made to prevent unwanted visitors.
- Check on insurance — Determine the status of the homeowner’s insurance and figure out next steps to ensure there isn’t a lapse in coverage
- Turn on utilities — Make sure proper utilities are up and running to prevent any damage, such as frozen pipes or pest problems.
- Do a walkthrough — Especially if you have not been to this property recently, take a walk around and check the conditions of the interior and exterior. Take pictures and video that show any issues.
- Locate important documents — Track down any important documents such as the deed, estate planning materials, financial statements, and insurance policies.
Understand the Tax Picture
During this transition, property taxes will continue to accrue. It’s best to consult a tax professional to determine what might become your responsibility or what still needs to be handled.
Handle Title and Deed Transfer
Do you know if your relative was the sole owner of the house, or a joint owner? If your relative co-owned the house with someone else who has right of survivorship, ownership typically passes directly to the surviving co-owner. No probate is required — the surviving owner simply becomes the sole owner by operation of law. If the house was solely owned, then your best bet is to check their estate plan. Depending on the following, the next steps vary:
- If the property was included in the deceased relative’s will, the will must go through the probate process in the same county where the property is located. The executor of the will handles the transfer.
- If the property is in a revocable living trust, probate may be avoided entirely. The Alabama property deed will be transferred to the beneficiary outside of court.
- If the relative passed with no estate plan, then the property is intestate. Its ownership will depend on the person’s family structure, determining the line of inheritance.
Once ownership has legally passed to you, the property still needs a new deed on record reflecting the change — unless it transferred through joint ownership with right of survivorship, in which case this step isn’t needed. This applies whether the property went through probate or bypassed it. Generally, you’ll need to draft a new deed, include a full legal description of the property, have it signed and notarized, and file it with the county probate court.
Decide: Keep, Rent, or Sell
Lastly, it’s time to decide what you want to do with your inherited property. While it may seem exciting to receive a home as part of your inheritance, it does come with a great deal of work. At the same time, there can be great sentimental value and memories attached to a home. Before you come to a decision, think through the options. Should you keep the home in the family? Do you want to sell this property and rid yourself of the work and responsibility? Or is there value in renting the house?
Working with an Estate Planning Attorney
If you have questions about the process of what to do after inheriting a house in Alabama, it may be a good idea to contact an estate planning attorney. When it comes to navigating a situation where there are multiple heirs, an unclear title, outstanding debts, concerns regarding probate, or the potential for family conflict, we can help guide you on the first steps to take. Give us a call at (256) 472-1900 or schedule a consultation and give your family the clarity needed to move forward with peace of mind.
