Birmingham, AL asked in Probate for Alabama

Q: AL deceased person. Sole owner of house. House in probate now. House is up for sale. What steps to take to sell?

We know money from sale will go into probate instead of to us. Just want to make sure we take the right steps to do it right from the start..if the house sells before the 6 mth probate period is over.

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: If the probate estate is open I would assume you have an attorney and I would encourage you to take direction regarding the sale from him or her. The answers to questions in this area of law are often very fact specific (so much depends on the exact facts of your particular case).

Generally, a closing attorney is a good resource and can tell you what is needed to properly sell the property. For example, if the Will contains a “power of sale” the Executor can sell the property. If there is no such power or the decedent died without a Will, then a court MUST approve the sale. Further, if the property sells before the expiration of the 6 month claim period, the closing attorney may retain the proceeds until after the claims period closes (so as to protect the interests of any creditors).

This information is general only. I again highly encourage you to consult with legal counsel to ensure the sale is handled properly. It’s worth the effort and cost. Good luck.

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