Quick answer: only if the will grants an express power of sale can the executor skip a separate court process. Without one, prior court approval and a full judicial sale are generally required. Run your own numbers in the Alabama probate real estate sale calculator.
The will's own wording decides the path
What the judicial sale actually involves
Without a power of sale, the personal representative petitions the Probate Court, publishes notice in a newspaper of general circulation for three consecutive weeks, gives all heirs ten days' notice before the hearing, and waits for the court to confirm the sale before a deed can be made to the purchaser.
Letters are the real starting line
The Probate Court's issuance of Letters is the moment authority exists. Before that, no heir, no executor named in the will, and no family agreement can convey clear title — a title company simply won't close the transaction.
Most of estate administration skips the court entirely
Under §43-2-834, a personal representative generally proceeds with settlement and distribution without adjudication, order, or direction of the court, except as otherwise specified by law. A real estate sale without a power-of-sale clause is exactly one of those specified exceptions.
A 12-month filing window protects buyers
A will not filed for probate within 12 months of death becomes void as to bona-fide purchasers who acquired their interest before probate and without actual notice of the will — a detail worth knowing when title history involves a delayed filing.
A local probate attorney can review your estate — many offer a free consultation.
Jefferson, Mobile, and Madison County each run their own Probate Court, but §43-2-844's power-of-sale rule applies identically statewide.