What Happens to Jointly Owned Property When One Owner Dies in Alabama

The Law Offices of Brenton C. McWilliams can help you understand how property ownership works in Alabama and ensure your assets are titled correctly to carry out your wishes.

You just lost your spouse, parent, or co-owner. The grief is overwhelming. Now you’re wondering what happens to the house, the bank accounts, or the land you owned together. Will you need to go through probate? Can you access the property right away?

The answer depends entirely on how the property was titled.

Alabama’s Approach to Joint Property

Here’s something many people don’t realize about Alabama law: when property is owned by multiple people, Alabama presumes you own it as “tenants in common” unless your deed specifically says otherwise.

This matters more than you might think.

In most states, joint ownership automatically includes a right of survivorship. Alabama takes the opposite approach. According to Alabama Code § 35-4-7, joint ownership functions like tenancy in common—where each owner has a separate share—unless the deed clearly states an intent for survivorship.

Let me explain what this means for you.

Two Ways to Own Property Jointly in Alabama

1. Joint Tenancy With Right of Survivorship

When property is held as “joint tenants with right of survivorship,” the surviving owner automatically inherits the deceased owner’s share. No probate is needed. No court involvement is necessary.

The property passes by operation of law—meaning the law itself transfers ownership the moment one owner dies.

Your deed might say something like:

“John Smith and Jane Smith, as joint tenants with right of survivorship”

This type of ownership works well for married couples, life partners, or anyone who wants their share to pass automatically to the surviving owner.

The main benefit? The property transfers immediately. The surviving owner can continue living in the home, managing the account, or handling the asset without waiting for probate court.

What the surviving owner needs to do:

The surviving owner should record a certified copy of the death certificate with the county probate office where the property is located. Many people also file an Affidavit of Surviving Joint Tenant to create a clear chain of title.

This isn’t technically required for the property to transfer, but it’s smart. Recording these documents removes any questions about ownership and makes future sales or refinancing much easier.

2. Tenancy in Common

This is the default in Alabama. If your deed doesn’t specifically mention survivorship, you own the property as tenants in common.

With tenancy in common, each owner has a separate, distinct share of the property. When one owner dies, their share doesn’t automatically go to the surviving owner. Instead, it becomes part of their estate and passes according to their will—or through Alabama’s intestacy laws if they died without a will.

Here’s a hypothetical example:

Sarah and her brother Michael inherit their parents’ lake house. The deed lists them as co-owners but doesn’t mention survivorship. When Sarah dies, her share doesn’t automatically go to Michael. Instead, it goes to Sarah’s children according to her will.

The consequence? Michael now co-owns the property with his nieces and nephews. This can create challenges if everyone has different ideas about keeping, selling, or using the property.

What happens next:

The deceased owner’s share goes through probate. Their heirs or beneficiaries become the new co-owners alongside the surviving owner.

This takes time. It costs money. And it can create unexpected ownership situations.

Why the Wording in Your Deed Matters

Alabama law is very specific. The intent for survivorship needs to be clearly stated in the deed itself.

Common phrases that create survivorship rights include:

• “with right of survivorship”
• “as joint tenants with right of survivorship”
• “and to the survivor of them”

Without this language, Alabama treats the ownership as tenancy in common—even if that wasn’t what you intended.

This catches many people by surprise. They thought their property would automatically go to their spouse or co-owner, only to discover their estate must go through probate because the deed didn’t include the right language.

What About Other Types of Property?

The same principles apply to other assets:

Bank accounts

You can add “payable-on-death” (POD) designations to checking accounts, savings accounts, and certificates of deposit. The beneficiary can claim the funds directly from the bank using a death certificate—no probate needed.

Investment accounts

Alabama allows transfer-on-death (TOD) designations for stocks, bonds, and brokerage accounts. These pass directly to your named beneficiary.

Vehicles

Alabama doesn’t allow transfer-on-death registration for vehicles, so they typically go through the estate.

Real estate

This is where proper deed preparation becomes especially important. Real estate represents a significant asset for most families, and how it’s titled determines whether your family faces months of probate proceedings or can transfer ownership immediately.

Common Scenarios and What They Mean

• Married couples: Most married couples benefit from joint tenancy with right of survivorship. When one spouse dies, the home automatically belongs to the surviving spouse.
• Blended families: Joint tenancy with survivorship may not work well here. When the first spouse dies, the entire property goes to the survivor. When the survivor dies, their children inherit everything—and the first spouse’s children receive nothing from that property.
• Siblings or friends: Consider whether you want your share to go to your co-owner or to your own heirs. This decision determines whether you should use survivorship language or tenancy in common.
• Parents and adult children: Some parents add children to their deeds to avoid probate. This can work, but it also gives the child legal ownership rights and exposes the property to the child’s creditors or divorce proceedings.

Getting Your Property Titled Correctly

Many families discover ownership problems only after someone dies—when it’s too late to fix them easily.

That’s why reviewing how your property is titled should be part of your estate planning. The Law Offices of Brenton C. McWilliams can review your deeds, explain your current ownership structure, and help you decide whether joint tenancy with survivorship, tenancy in common, or another option works best for your situation.

We can prepare new deeds if needed. We can coordinate your property ownership with your will and overall estate plan. And we can help you avoid the kinds of surprises that create stress and expense for your family.

Create Clarity for Your Family

One of the greatest gifts you can give your loved ones is clarity. When your property is titled correctly and your estate plan is organized, your family knows exactly what to expect. They can grieve without also struggling through legal uncertainties.

We help families across Baldwin County create estate plans that work in real life, not just on paper.

Contact us today to start a conversation about your property and estate planning needs. Together, we can make sure your property is titled correctly and your wishes will be honored—giving you the peace of mind that comes from knowing your family is safeguarded.