Losing a loved one is never easy, and dealing with their estate can make an emotional time even more challenging. If the deceased owned real estate and lived in Alabama, the process of transferring ownership will differ significantly depending on whether or not they had a will.

This blog will outline what steps you need to take when a relative dies with or without a will, specifically focusing on the laws and processes regarding real estate in Alabama. We’ll also explain why having a legal will is critical for anyone who owns property, so you can make informed decisions for yourself or your loved ones.

What Happens If a Relative Dies WITH a Will in Alabama?

When a relative passes away with a legal will in Alabama, the process of handling their real estate typically becomes more straightforward. Here’s how it works:

1. The Probate Process

A will must go through probate to validate it under Alabama law. Probate is the legal process where a court oversees the distribution of the deceased’s estate according to the terms outlined in their will.

During probate:

• The executor named in the will (also called a personal representative) is responsible for carrying out the terms of the will.
• Real estate specified in the will is distributed to the intended beneficiaries. For example, a clause like “I leave my house at 123 Main Street to my son, John” would ensure John becomes the legal owner of the property.

2. Responsibilities of the Executor

The executor must:

• File the will with the probate court in the county where the deceased owned property.
• Manage the real estate (such as paying property taxes) during the probate period.
• Transfer the title of the real estate to the beneficiary as instructed.

3. Timeframe for Settling the Estate

Alabama probate law requires a minimum of six months to allow creditors time to make claims. However, settling the estate can take longer depending on its complexity.

What Happens If a Relative Dies WITHOUT a Will in Alabama?

When someone dies without a legal will in Alabama, they are said to have died "intestate." This means Alabama’s intestacy laws will determine who inherits the deceased’s real estate. Unfortunately, this process can cause complications.

1. Intestate Succession

Under Alabama intestacy laws:

• If the deceased has a surviving spouse and no children, the spouse typically inherits all the real estate.
• If the deceased has a spouse and children, the estate is divided; the spouse receives the first $50,000 in value plus half of the remaining estate, while the children share the other half.
• If there is no spouse, the estate is distributed to children or other close relatives, such as parents or siblings.

2. Court-Appointed Administrator

Unlike situations where a will exists, the court appoints an administrator to handle the estate. This administrator has similar duties to an executor but must act solely based on Alabama's intestacy laws.

3. Complications With Real Estate

When there’s no will:

• Real estate ownership may be split between multiple heirs (e.g., siblings), which can lead to disputes about selling or maintaining the property.
• Without clear instructions from the deceased, resolving disagreements can delay the process and even result in legal battles.

Why Having a Will Is Critical for Real Estate Owners

The differences between dying with and without a will underscore the importance of having a legal will, especially for individuals who own real estate. Here’s why:

1. Clarity and Peace of Mind

Having a will ensures your property is distributed exactly how you intend. Whether it’s leaving a house to a specific relative or dividing land among beneficiaries, a will eliminates guesswork and ensures your wishes are honored.

2. Avoiding Family Conflict

Without a will, disputes among surviving relatives over property ownership are common. A will helps prevent disagreements by clearly outlining who gets what.

3. Preserving the Value of Your Estate

The probate process for intestate estates can significantly delay property transfers and create additional legal costs. A will can speed up the transfer of real estate, preserving its value for your beneficiaries.

4. Simplifying the Process

If you own real estate, your will provides guidance for the executor and beneficiaries. It simplifies probate and makes it easier for your loved ones to manage your affairs during a challenging time.

5. Tailored to Your Family’s Needs

A will allows you to make specific provisions that wouldn’t be possible under intestacy laws. For example, you could leave your property to a non-immediate relative or designate funds for property maintenance.

How to Create a Legal Will for Real Estate in Alabama

Creating a real estate will in Alabama is relatively straightforward, but it’s important to ensure it meets the legal requirements. Here are some steps to consider:

• Consult an Estate Planner or Lawyer: An experienced estate planner can help you draft a will that complies with Alabama law and addresses your specific needs.
• List Your Real Estate Clearly: Specify all properties you own, including their addresses, and designate beneficiaries for each.
• Sign in Front of Witnesses: Alabama requires wills to be signed in the presence of at least two witnesses who are not beneficiaries.
• Consider Regular Updates: Review your will regularly to ensure it reflects changes in your real estate portfolio or family situation.

Final Thoughts

Whether you’re a real estate owner or the relative of someone who has passed away, understanding Alabama’s laws surrounding wills and intestate succession is crucial for protecting property and ensuring a smooth transition. If your loved one leaves a will, the process becomes more manageable, allowing you to follow their wishes. If not, intestacy laws will step in—but they may not align with what the deceased might have wanted.

For real estate owners, creating a legal will remains one of the most valuable steps you can take to protect your assets and spare your family unnecessary complications. If you haven’t already drafted your will, now is the time to take action.

Take control of your future—start planning your estate today. Reach out to a trusted estate planning expert to secure your legacy and provide peace of mind for yourself and your loved ones.