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A Step-by-Step Guide to Selling a House in Probate in Mobile, Alabama

Selling a house is never simple, but when the property is tied up in probate court, the process becomes even more complex. If you’ve recently lost a loved one in Mobile, Alabama, and are responsible for managing their estate, you may be wondering: How do I sell a house in probate?

This guide breaks down the legal steps, common challenges, and practical solutions — with insight on how Hapa Homebuyers can simplify the process.

What Is Probate in Alabama?

Probate is the legal process of settling a deceased person’s estate. In Alabama, this means the probate court oversees:

  • Validating the will (if there is one)
  • Appointing an executor or administrator
  • Identifying heirs and beneficiaries
  • Paying off debts and taxes
  • Distributing remaining assets, including property

If the decedent owned a house, it cannot be sold until the probate process allows it.

Step 1: Open the Probate Case in Mobile County

The executor (or court-appointed administrator) must file a petition in Mobile County Probate Court. This legally begins the process and gives you authority to handle the estate.

Step 2: Determine if the House Must Be Sold

The court may require a sale if:

  • The will specifies it
  • Proceeds are needed to pay debts or taxes
  • Heirs agree to liquidate the property

Step 3: Get the Property Appraised

An appraisal ensures the court (and heirs) know the fair market value. This is an important safeguard to prevent disputes.

Step 4: Seek Court Approval for the Sale

Unlike a traditional home sale, probate sales often need court approval. The judge may require public notice of the sale or confirmation hearings before the transaction can close.

Step 5: Choose a Selling Method

  • Listing with a Realtor: Can attract buyers but takes time, requires repairs, and depends on bank financing.
  • Auction: Quick but may result in below-market offers.
  • Direct Sale to Hapa Homebuyers: We specialize in probate homes, offering cash purchases that save time, avoid repairs, and eliminate agent commissions.

Step 6: Close the Sale and Distribute Proceeds

Once approved, the funds from the sale pay debts, legal fees, and taxes. The remaining balance is distributed to heirs as directed by the court.

The Emotional Side of Probate Sales

Beyond the legal checklist, selling a probate property often comes with grief and family conflict. Working with a local home buying company like Hapa Homebuyers can reduce stress, speed up the process, and provide compassionate support during a difficult time.

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