Skip to content

Alabama · Ala. Code §§35-4-1, 35-4-2, 35-4-6, 35-4-7, 35-4-9Alabama joint tenancy: survivorship only when the deed says so

When an Alabama joint tenant dies before the tenancy is severed, the share doesn't go to the other joint tenants; it descends and vests as if it had been severed – unless the instrument creating the tenancy states that it is with right of survivorship or uses other words showing that intent, in which case the share passes to the surviving joint tenant or tenants as the instrument intends (Ala. Code §35-4-7). That includes a deed in which the grantor conveys to the grantor and one or more others, when it clearly appears the intent is to create survivorship (§35-4-7). Every estate in land is taken as a fee simple even without words of inheritance, unless it clearly appears that a lesser estate was intended (§35-4-2). Anyone 19 or older and not under a legal incapacity may convey land or any interest in it by a written instrument or by will (§35-4-1). No leasehold can run longer than 99 years, and a lease for more than 20 years is void for the excess unless the lease or a memorandum of it is acknowledged or approved like a deed and recorded with the judge of probate of the county within one year after it is signed (§35-4-6). Title instruments that aren't kept in a public office belong to whoever holds the title and pass with it (§35-4-9).

The rules

  1. 1. Survivorship (§35-4-7)

    Only if the deed says "with right of survivorship" or shows that intent; otherwise the share passes as if severed.

  2. 2. Deed to self and others (§35-4-7)

    A grantor can create survivorship by deeding to the grantor and others.

  3. 3. Fee simple (§35-4-2)

    The default estate unless a lesser estate clearly appears.

  4. 4. Who may convey (§35-4-1)

    Age 19 and not under a legal incapacity.

  5. 5. Long leases (§35-4-6)

    Max 99 years; over 20 years, record the lease or a memorandum within one year.

What the TC can do

  • Read the vesting deed and note whether it states a right of survivorship before treating a surviving owner as the sole seller.
  • When the deed lacks survivorship words, ask the title company what it needs from the deceased owner's estate or heirs.
  • Confirm every signer is at least 19, and flag a seller with a guardian or conservator to the title company.
  • On a property with a recorded long-term lease, ask the title company how it treats the lease.

Questions about Alabama joint tenancy

Does an Alabama joint tenancy automatically include survivorship?

No. Without words stating a right of survivorship or showing that intent, a deceased joint tenant's share descends as if it had been severed; with them, it passes to the surviving joint tenants (Ala. Code §35-4-7).

What age can someone sell real estate in Alabama?

Persons 19 or older and not under a legal incapacity may convey land or any interest in it by a written instrument or by will (Ala. Code §35-4-1).

Note the vesting and every required signer on the deal in ClosingCode.

Start free trial

Source: Code of Alabama §§35-4-1, 35-4-2, 35-4-6, 35-4-7 and 35-4-9 (alison.legislature.state.al.us, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.