By Julie Holdsambeck | Associate Broker, eXp Realty | Central Alabama
Updated October 2026
Whether a house goes through probate in Alabama often depends on how the deed is written. If the owners held it as joint tenants with a clearly stated right of survivorship, the house usually passes to the surviving owner without probate. If the deed doesn’t say that, or the person who died owned it alone, the house usually goes through probate before it can be sold.
This post is for education only. It isn’t legal advice. Every estate is different, so talk with an Alabama probate attorney about your family’s situation.
Why does the deed matter so much?
Because the deed tells everyone who owns the house and how.
A lot of families assume the will decides everything. But for real estate, the way the names are written on the deed can matter just as much. Sometimes more.
When I meet with families after a loss, one of the first things I ask is, “Have you looked at the deed?” Most haven’t. That’s completely normal. You’ve had bigger things on your mind.
Where do I find the deed?
Start at home. Look in the filing cabinet, the safe or the folder of “important papers.”
If you can’t find it, don’t worry. Deeds are recorded with the county. In Tuscaloosa County, new owners record their deed at the Probate office (Tuscaloosa County Tax Assessor). In Bibb County, check with the probate office in Centreville. Either office can help you find a copy of a recorded deed.
Which deed types skip probate?
A survivorship deed. If Mom and Dad held the home as “joint tenants with right of survivorship,” and Dad passes, the house usually belongs to Mom without probate (Nolo).
Here’s a biggie. In Alabama, survivorship has to be spelled out. The law says one joint owner’s share doesn’t pass to the others unless the deed clearly says there’s a right of survivorship, or uses words that make that intent clear (Ala. Code § 35-4-7).
So “John Smith and Mary Smith” alone may not be enough. Look for words like “with right of survivorship” or “jointly with survivorship.”
A trust. If the house was put into a living trust, the trustee can usually handle it under the trust’s terms. Your attorney can confirm.
What about transfer-on-death deeds?
Some states let you name a beneficiary on a deed, like you would on a bank account. According to Nolo, Alabama doesn’t allow real estate to be transferred with a transfer-on-death deed (Nolo).
If you’ve read about TOD deeds online, that information may come from another state. Ask an Alabama attorney before you count on one.
What if the deed doesn’t say survivorship?
If there’s no clear survivorship language, co-owners are usually treated as tenants in common. Each person’s share goes to their heirs, generally through probate (same Nolo source).
And if one person owned the house alone, the house usually goes through probate too. That’s true whether or not there’s a will. The will tells the court who should get the house. Probate is the process that makes it official.
That’s where things can get complicated. Say Dad owned the house alone and had three children. Now three people may share ownership, and they all need to agree before it can be sold.
If you’re in that spot, my post on selling an inherited house with multiple heirs walks through what comes next.
What should we do in the first few weeks?
You don’t have to have it all figured out. But a few steps help protect the house and the family.
- Find the deed and the will, if there is one.
- Keep the house secure and the utilities on.
- Call the insurance company. A vacant house may need different coverage.
- Make sure someone is getting the property tax bill.
- Talk with an Alabama probate attorney before you sell, move belongings or sign anything.
Don’t rush to clean everything out. Some items may need to be counted as part of the estate.
Can we sell the house during probate?
Often, yes, but only once someone has legal authority to sell. That’s usually the personal representative named by the probate court. Your attorney will tell you when you’re able to sign.
In the meantime, I can help you understand what the house is worth and what it might need before going on the market. In the Tuscaloosa area, there were 916 homes for sale in July, up 25.8% from a year earlier (ACRE). An inherited home that’s priced right and cleaned up will stand out from the crowd.
A Story That Might Sound Familiar
One of our sellers discovered something unexpected when she decided to sell her home. She couldn’t sell it without permission from other family members.
Years earlier, an older relative had helped her purchase her first home, and both names appeared on the deed. Unfortunately, he passed away before she paid off the mortgage, and the deed didn’t include a Right of Survivorship provision.
When she decided to sell, she learned that his ownership interest had passed to his heirs. Now, family members she never expected to involve in the sale had to sign off before she could transfer clear title to the buyer.
Frequently Asked Questions
Does a house always go through probate in Alabama?
No. If the house was held as joint tenants with a clearly stated right of survivorship, or was placed in a trust, it may pass without probate. If one person owned it alone or the deed has no survivorship language, it usually goes through probate. An Alabama attorney can tell you for sure.
What makes a deed a survivorship deed in Alabama?
Alabama law says the deed must clearly state a right of survivorship, or use words that show that intent. Simply listing two names is usually not enough. Look for language like “joint tenants with right of survivorship.”
Does Alabama allow transfer-on-death deeds for houses?
According to Nolo, no. Alabama doesn’t allow real estate to pass by a transfer-on-death deed. Families often use survivorship deeds, wills or trusts instead.
Where can I get a copy of my parent’s deed?
Deeds are recorded at the county probate office. In Tuscaloosa County, that’s where new owners record their deeds. In Bibb County, check with the probate office in Centreville.
Can I live in or sell my parent’s house before probate is finished?
It depends on the deed, the will and the court. In most cases, only the person with legal authority, usually the personal representative, can sign to sell. Talk with an Alabama probate attorney before making any big decisions about the house.
Let’s Talk
If you’re sorting out a parent’s house in Tuscaloosa, Bibb County or anywhere in Central Alabama, I’m here when you’re ready. I’ll walk you through the real estate side while your attorney handles the legal side. No pressure, and no rush.
Julie Holdsambeck Associate Broker, eXp Realty Central Alabama 205-928-9376 yourcentralalabama.com
