Yes, property formerly owned by a deceased person can usually be sold in Alabama, but determining who has authority to sell it is critical. The answer depends on how the deceased owner held title, whether another owner had survivorship rights, whether there is a will, whether an estate has been opened, and who inherited the deceased owner's interest. Alabama's rules concerning estates and intestate succession can determine who receives property when someone dies.

For example, property held with an effective right of survivorship may pass differently from property owned solely by the deceased person or held without survivorship rights. The Alabama State Bar similarly advises that the language of the ownership documents must be reviewed to determine what happens to jointly owned property after one owner dies.

If a deceased owner appears in the chain of title, tell the closing attorney or title company as early as possible. Death certificates, probate documents, wills, family information, prior deeds, and other documents may need to be reviewed. Waiting until immediately before closing to disclose a deceased owner can turn an issue that might have been resolved routinely into a closing delay.

If you are dealing with property that belonged to a deceased family member in Madison County or North Alabama, Alabama Property & Estate Law, LLC can help you understand what authority exists and what steps may be needed. Call us at 256-489-0038 to schedule a consultation.