Alabama · Ala. Code §§35-6A-2–35-6A-10Alabama heirs property: appraisal, the cotenant buyout and an open-market sale

Alabama's Uniform Partition of Heirs Property Act applies to partition suits filed since January 1, 2015, over land held in tenancy in common with no agreement governing partition, where at least one cotenant got title from a relative and relatives hold 20% or more of the interests or make up 20% or more of the cotenants (Ala. Code §§35-6A-2(5), 35-6A-3). The court first sets the fair market value – by the cotenants' agreement, by a disinterested licensed appraiser, or after a hearing – and notifies the parties, who have 30 days to object to an appraisal (§35-6A-6). If any cotenant asked for a sale, the others get 30 days after notice to elect to buy all the interests of those who asked, at the appraised value times their fractional share, and the court sets a payment date at least 60 days later (§35-6A-7(e)). If no one asked for a sale and the land can't be divided in kind, the suit is dismissed (§35-6A-7(d)). If a sale is ordered, the court chooses the most advantageous method – an open-market sale with or without a broker, sealed bids, auction or private sale – and an open-market offer at or above the value within up to 180 days can close; otherwise the court may approve the best offer, extend the listing or order bids or an auction (§35-6A-10).