Albuquerque, NM asked in Probate for Alabama

Q: My mom died a long time ago and willed everything to me & my brother. We didn't probate her will but paid all bills.

We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: Hire a local probate attorney. Seriously. This is not a do it yourself project.

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

A: I agree with Nina's answer. I want to also add that a Will must be probated within 5 years of the date of death. If it has been longer than 5 years, you can still transfer title to real property without a Will by using "heirship affidavits." A local real estate attorney (closing attorney) or a title company may be able to assist you. In Alabama real property vests in the heirs after two years and if the heirs are properly documented (through the affidavits) you can sell it.

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