Alabama · Ala. Code §§43-2-830–43-2-844Alabama probate home sale: court approval unless the will authorizes it

In Alabama a decedent's real property passes at death to the devisees under the will or, without one, to the heirs – subject to administration, creditors' rights and the family allowances (Ala. Code §43-2-830(a), (c)). A personal representative has an absolute owner's power over estate property, without notice, hearing or court order, but subject to §§43-2-843 and 43-2-844 (§43-2-839). Under §43-2-844, unless the will expressly authorizes it, the personal representative may only after prior court approval dispose of land, or sell, mortgage or lease real property of the estate (§43-2-844(1), (6)). A sale to the personal representative, the representative's spouse, agent or attorney, or another conflicted transaction is voidable by an interested person who didn't consent after fair disclosure, unless the will or a contract of the decedent authorized it, the court approved it after notice, or the law otherwise allows it (§43-2-841). A buyer who deals in good faith for value is protected as if the power were properly used, and doesn't have to inquire into the power; only restrictions endorsed on the letters, or known to the buyer, bind the buyer (§43-2-842).