Alabama Transfer On Death Deed With Life Estate
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FAQ
The individual holding the life estate ? the life tenant retains the legal right to possess and use the property during their lifetime. Upon the death of the life tenant, the property passes to the person or person who hold the remainder interest ? without the need for probate.
Life estates are used in Alabama to avoid probate. Attorney Practice Note: Alabama does not recognize lady bird deeds (which are popular in a handful of states, like Florida, Michigan, and Texas) or transfer-on-death deeds (which are used in many other states).
To transfer ownership from the deceased owner, the surviving owner must bring in the original title and original death certificate of deceased owner for transfer of title. If the names are joined on the title with ?and? or nothing separating the names, it is presumed by the state to be ?AND?.
Generally, Wills must be filed for probate in the county where the deceased lived. WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testator's death.
A life estate helps avoid the probate process upon the life tenant's death. The property will automatically transfer to the remainderman, making the process simple and easy ? a will isn't needed for the transfer to happen.