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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.
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).
Alabama does not allow real estate to be transferred with transfer-on-death deeds.
If transfer involves a deceased owner and owner's estate has not and will not be probated, then the individual signing on behalf of deceased owner's estate must provide a Next of Kin Affidavit (MVT 5-6) and a copy of the deceased owner's death certificate. See Administrative Rule: 810-5-75-.
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.