Selling a House Through Probate in Jefferson County, AL

Quick answer

To sell a house through probate in Jefferson County, someone first opens the estate at the Probate Court (Birmingham or Bessemer division) and gets appointed personal representative. Unless the will expressly gives the power to sell, Alabama law requires the court’s approval before that person sells real estate. An Alabama estate stays open at least six months for creditor claims, but the sale itself can often be approved and closed inside that window. Plan on roughly 2 to 4 months for a simple estate where everyone agrees, and longer when heirs disagree, someone cannot be found, or there is no will.

Plain-English information, not legal advice. Probate rules turn on the details of each family’s situation, and court fees change. Confirm anything you rely on with the Probate Court of Jefferson County or an Alabama probate attorney.

Most Birmingham families who call us about probate are not asking about law. They are asking practical questions. Mom’s house has sat empty since the funeral. Dad left a will, but can the executor just sell? One heir out of state will not answer the phone. This guide takes those questions in order, with the Jefferson County specifics, so you know what happens next and how long it takes.

If you are handling an inherited house more broadly (ownership, heirs’ property, taxes), start with our complete guide to selling an inherited house in Birmingham. This guide goes deeper on the probate court part.

Step 1: Confirm the house actually has to go through probate

Not every house does. Under Alabama law, when someone dies, their real estate passes directly to the people named in the will, or to the heirs if there is no will, but it stays subject to the estate’s administration, the rights of creditors and certain family allowances (Ala. Code 43-2-830). Whether you need a probate case to sell depends mostly on how the deed was written.

Joint owners with survivorship. If the deed names the person who died and someone else as joint owners “with right of survivorship,” the survivor usually owns the house outright and can sell without probate. The Alabama State Bar’s consumer pamphlet points out that joint ownership avoids probate only when the deed mentions survivorship.
Sole owner, or co-owners without survivorship. The deceased owner’s share goes through the estate. This is the common case for a parent who owned the house alone.
No probate was ever opened for an earlier death. If the house is still titled to a grandparent who died years ago, you may be looking at heirs’ property. That has its own problems, covered in our guide to Alabama heirs’ property.

Alabama’s Small Estates Act does not help with a house. It applies only to the personal property of someone who owned no real property (Ala. Code 43-2-691), so an estate with a house in it goes through regular administration.

Step 2: Know which court and which division

Jefferson County has one Probate Court with two divisions. The court says it serves residents of both the Birmingham Division and the Bessemer Cut-off.

Birmingham Division: 716 North Richard Arrington Jr. Blvd., Birmingham, AL 35203. (205) 325-5420.
Bessemer Division: 1801 3rd Avenue North, Bessemer, AL 35020. (205) 481-4100.

Both offices are open 8:00 a.m. to 4:00 p.m., according to the court’s website. The Bessemer Cut-off covers the western part of the county, including McCalla, Oak Grove and Sylvan Springs, where the Sheriff’s Office runs its Cut-off substations. The court’s website does not publish a street-by-street list, so if you are not sure, call either office before you file. Filing in the right division saves a trip.

Step 3: Open the estate and get letters

Nobody can sign for the estate until the court appoints them. The document that proves the appointment is called “letters.” Title companies will ask for a certified copy.

If there is a will

The will has to be filed for probate within five years of the death (Ala. Code 43-8-161). The executor named in the will, anyone named as receiving property, anyone interested in the estate, or whoever holds the will can file it (Ala. Code 43-8-160). The court issues “letters testamentary” to the executor named in the will.

The Jefferson County Probate Court says most wills are admitted without a hearing when the right petitions and waivers are filed. A hearing is needed when the will is not “self-proved,” when minors or incapacitated people are involved, or when next of kin cannot be located. Signed waivers from the family up front save the most time.

If there is no will

The court appoints an administrator and issues “letters of administration.” Alabama sets an order of priority: the surviving spouse first, then the heirs, then the largest creditor living in the state, and then someone the judge selects (Ala. Code 43-2-42). In counties of 400,000 or more people, which includes Jefferson County, the county’s general administrator comes before the judge’s pick. If the spouse, next of kin or largest in-state creditor do not apply within 40 days after the death is known, the law treats them as having given up that priority (Ala. Code 43-2-43).

Without a will, the house goes to the heirs by Alabama’s intestacy rules. For example, a surviving spouse with children who are all also that spouse’s children takes the first $50,000 of the intestate estate plus half of the rest. If the person who died had children from another relationship, the spouse takes half (Ala. Code 43-8-41).

Bond

Alabama requires a personal representative to post a bond, normally sized to the value of the estate’s property plus a year of income. Land the representative cannot sell without court approval is left out of that figure. A will can waive the bond, though the court can still require one if an interested person shows they are at risk or the estate is likely to be wasted (Ala. Code 43-2-851).

Medicaid notice

Since September 1, 2019, Alabama law (Act 2019-489) requires notice to Alabama Medicaid when any probate estate is opened, the court says. The person who files the petition is responsible for giving it. If your parent was on Medicaid, raise it with your attorney early.

Handling a probate house in Jefferson County?

We buy probate houses as-is, work directly with executors, administrators and their attorneys, and set the closing around the court’s approval. No repairs, no cleanout, no commissions. 75+ five-star reviews and 30+ years of experience buying houses.

Get My Cash Offer or call (205) 502-2161. Learn more about our cash home buyers in Birmingham.

Step 4: Who has the authority to sign the sale

This is the question that trips up the most families, because the answer has two parts.

Possession. The personal representative has the right to take possession or control of the estate’s property. Real estate can be left with the person presumed to inherit it until the representative decides the estate needs it (Ala. Code 43-2-837). In practice, that is what lets the personal representative secure the house, insure it and arrange showings.

Sale. Alabama law gives a personal representative a long list of powers they can use on their own, but selling land is not one of them. On real estate, those built-in powers cover only a few things: finishing a sale the person who died had already signed a contract for, leases of a year or less, and taking a deed instead of foreclosing (Ala. Code 43-2-843). For a sale, the controlling section says that “unless expressly authorized by the will,” the personal representative may sell real property “only after prior approval of court.” That approval can be for a public sale or a private sale (Ala. Code 43-2-844).

The will expressly gives a power to sell. The executor can usually sign the deed without a separate court order, using certified letters. Have your attorney read the exact wording.
The will is silent, or there is no will. The personal representative petitions the court for approval of the sale, then signs the deed once the order is entered.
No estate opened at all. Because the house passes to the heirs subject to administration, a buyer’s title company will often require every heir to sign. One missing heir can stop the deal. That is a common reason families open an estate even when they had hoped to skip it.

Step 5: Court-approved private sale vs. court-ordered sale

These two get confused, and they are very different experiences.

Court-approved private sale

The personal representative finds a buyer, through an agent or a direct cash buyer, negotiates a price and asks the court to approve it under 43-2-844. You control the price, buyer and timing; the court checks that the deal is fair to the people inheriting.

Court-ordered sale for division

Alabama also lets the probate court order land sold when it “cannot be equitably divided among the heirs or devisees” and an adult heir or devisee files written consent (Ala. Code 43-2-443). The application has to be in writing, sworn, describe the land and list the heirs and where they live (Ala. Code 43-2-444). The hearing is set at least 30 days after the application. Adult heirs living in Alabama get notice at least 10 days before the hearing, and the court appoints a guardian ad litem for heirs who are minors or of unsound mind (Ala. Code 43-2-445). Heirs out of state are notified by publication for three weeks (Ala. Code 43-2-446). If an heir is unknown, the court appoints a special guardian and that heir’s share of the money is paid into court (Ala. Code 43-2-447).

Alabama also allows a sale to pay the estate’s debts when the will does not give a power to sell, or when there is no will (Ala. Code 43-2-441, 43-2-442). Those sales come with the same kind of hearing and published notice.

When one heir refuses to sell and the family cannot agree, the dispute can also end up as a partition case. The rules there differ, so read our heirs’ property and partition guide and talk to an attorney before anyone files.

Step 6: The creditor period and what it means for your closing

Within 30 days of getting letters, the personal representative must publish a notice to creditors (Ala. Code 43-2-60). The notice runs once a week for three weeks in a county newspaper, and known creditors get notice by first-class mail or another method reasonably calculated to reach them (Ala. Code 43-2-61). Creditors then have six months from the grant of letters, or five months from the first publication if that is later, to file claims. A creditor entitled to actual notice gets 30 days from that notice if that is later. Claims filed late are “forever barred” (Ala. Code 43-2-350).

The Jefferson County Probate Court says estates stay open at least six months. What families often miss: an estate being open does not mean the house cannot be sold. Once the sale is approved, the house can close, and the money sits in the estate until claims are settled and the court approves distribution. Mortgage liens, tax liens and other liens get paid at closing.

Step 7: Protect the house while the estate is open

An empty house costs money every month, and Alabama’s tax and mortgage calendars do not pause for probate.

Property taxes. Jefferson County property taxes are due October 1 and become delinquent January 1. Late taxes add a $5 fee and 12% simple interest, and delinquent property is sold as tax certificates, usually in the third or fourth week of May, according to the Tax Collector. Paying the tax bill does not give the heir who paid a bigger share of the house, Legal Services Alabama notes, so keep receipts and settle up through the estate.
The mortgage. Federal law generally stops a lender from calling the loan due because the house passed to a relative or through an estate after the borrower died, for homes with fewer than five units (12 U.S.C. 1701j-3(d)). The CFPB says successors must still keep payments current to avoid foreclosure. The servicer can ask for proof of your right to the home, such as the will and death certificate or a letter from the executor. If the payments are already behind, see our post on the Alabama foreclosure timeline.

Step 8: Decide how to sell

List it with an agent

Listing usually brings the highest sale price when the house is in good shape and the estate can wait for repairs, cleanout, showings and a buyer’s financing. Budget for commissions, carrying costs and the buyer’s financing timeline. Make sure the purchase contract is subject to court approval when the will does not give a power to sell.

Sell as-is to a cash buyer

A cash sale trades some price for speed and certainty. No financing to fall through, no repairs, no cleanout, which matters when no heir lives nearby. The court still approves the sale when the will does not authorize it, and a good buyer will wait for the order. Read about how we buy houses fast in Birmingham or our page on cash home buyers in Birmingham, AL.

Keep it

One heir can buy out the others, or the family can rent it. Both still run through the estate. The post on siblings inheriting a Birmingham home walks through how families usually handle the conversation.

What probate costs in Jefferson County

The court’s current fee schedule (effective October 15, 2025) lists these filing costs:

Probate of a will: $175.00
Administration: $57.00
Bond approval and recording: $21.00
Successor letters: $56.00
Copies: $1.00 a page, plus $3.00 per certification
Updated letters: $3.00 each

On top of court fees, expect the newspaper’s charge for the creditor notice, a bond premium if a bond is required, and attorney fees, which vary by firm and by how complicated the estate is.

A realistic Jefferson County probate sale timeline

Weeks 1 to 4: Find the will and the deed, gather death certificates, collect signed waivers from heirs, and file the petition. If no hearing is needed, letters can issue soon after filing.
Within 30 days of letters: Publish the notice to creditors and mail notice to known creditors.
Months 1 to 3: Secure and insure the house, get an offer, sign a contract subject to court approval, and file for approval. A sale-for-division hearing cannot be set sooner than 30 days after the application.
Months 2 to 4: Court order entered, closing, liens paid, proceeds held by the estate.
Month 6 and after: The creditor period closes, claims are paid, and the court approves the final settlement and distribution to heirs.

Add time for any of these: a will that is not self-proved, a minor or incapacitated heir, an heir who cannot be found, a disputed will, or no will at all with a long list of heirs.

Frequently asked questions

Can we sell the house before the six months are up?

Often yes. The six months is the creditor claim period, not a ban on selling. With letters in hand and either an express power of sale in the will or a court order, the personal representative can close, and the proceeds stay in the estate until creditors are handled.

Does the executor need the heirs’ permission to sell?

If the will expressly grants the power to sell, the executor generally does not need a vote. Without that power, the sale needs court approval, and heirs get the chance to weigh in. Getting the family’s written consent up front makes approval smoother.

What if one heir lives out of state or will not respond?

Alabama law has a process for it: out-of-state heirs are served by publication, and unknown heirs get a special guardian with their share paid into court.

Do we need a lawyer?

The court’s own estates page says it is there “to inform and not to advise,” and the sale of real estate usually involves petitions and orders. Most families use an Alabama probate attorney for the court part, even when the sale itself is simple.

What if the house is in Bessemer or western Jefferson County?

The process is the same; only the courthouse changes. File at the Bessemer Division at 1801 3rd Avenue North. We buy houses there too. See our page on selling your house fast in Bessemer.

Will Birmingham Homebuyers wait for the court?

Yes. We make a cash offer within 24 hours, write the contract subject to court approval when the estate needs it, and close once the order is entered, in as little as 7 days after that. You can request a no-obligation cash offer or call (205) 502-2161.

This guide is general information, not legal or tax advice. Alabama law and court fees change; confirm current rules with the Probate Court of Jefferson County or an Alabama attorney before relying on them.

Sources: