QUESTION
How do I remove my deceased brother's names off deed in Alabama and deed does not state joint tenancy or right of survivorship. It says nothing
Asked on May 25th, 2026 on Wills and Probate - Alabama
More details to this question:
Me and my brother that living r planning on selling property but have to remove deceased brother's name from deed but not sure if it's gonna need to be probated or if I can give death certificate and redo the deed to me and brother only
1 ANSWER
When real property is acquired by two or more persons and the instrument of conveyance does not specify the nature of the ownership, the law presumes a tenancy in common rather than a joint tenancy. Nobody'e name gets removed from a deed. Rather, a sale will have to be by a new deed and will have to show all owners are selling all interest each of you have in the property. Your deceased brother's interest will likely have to be sold by his estate administrator (or executor, if he has a will). If he had a will, his share passes according to the will. Without a will, his wife (if married) and/or children/descendants will own his share by intestate succession.
A deceased tenant in common's undivided interest is an asset of his probate estate. While title to real property does pass to heirs at the moment of death by operation of law, that passage of title is subject to the decedent's debts, the rights of creditors, and the authority of a personal representative appointed through probate. Without probate, there is no legally recognized way to identify and confirm who the heirs are, satisfy or bar creditor claims, or clear title so that the heirs can sell the property
Answered on May 25th, 2026 at 11:35 AM