The issue of inheritance and property transfer following the death of a property owner can be confusing. Many different factors, which a trusted real estate attorney will explain, determine how a property should be transferred. Below are details of each type of property ownership, and how they affect real estate transfer.

Sole Ownership

Sole ownership means the property was held by the deceased alone, with only their name on the deed. The property will usually have to go through probate to determine to whom it should be transferred, where a court oversees the process. If the probate court determines the a will is genuine and valid, the property will be transferred to whomever is named as inheritor. If no will was made, the transfer will be decided according to state law.

Joint Ownership

If a property is jointly held, the property transfers to the joint owner. However, joint ownership can take two principal forms. A property jointly held with rights of survivorship transfers to the surviving owner. If the owners were tenants in common, meaning they owned different percentages of the property, the deceased’s share would be probated and transferred to the person named in the will. Anyone dealing with the transfer of real property following a death should consult with a real estate attorney before making any assumptions about how a property will be transferred.

Title by Contract

Some real estate is subject to transfer by contract whereby a beneficiary has been named to receive title to the property. Real estate transferred at death if subject to title by contract avoids probate. 

Real Estate Law in Alabama 

In Alabama, in cases where no will was made and the deceased has no surviving children, the surviving spouse inherits all property unless the value is more than $100,000. Any holdings over that value must be split with any surviving parents of the deceased. If a spouse and children survive the deceased, they are each entitled to a certain percentage of the estate. It’s smart to consult with a real estate attorney regarding issues of ownership and transfer.

The experience lawyers at Lewis, Brackin, Flowers & Johnson in Dothan, AL, specialize in real estate law, serving businesses, corporations, and individuals. The firm also has extensive expertise in other practice areas of the law, including business litigation and creditor collections. To schedule a consultation, call (334) 792-5157 or visit their website. 

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