Alabama Wills, Probate and Estate Law
The rules in Alabama for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the Probate Court (county judge of probate).
Quick answers for Alabama
- Small estate affidavit
- Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged. Ala. Code §§ 43-2-691, 43-2-692, 43-2-693, 43-2-694
- Handwritten (holographic) wills
- Alabama law has no exception for handwritten wills: a will signed in Alabama must have two witnesses even if it is entirely handwritten. A handwritten will made where such wills are valid (the place of signing, or the will-maker's domicile or residence) can still be accepted. Ala. Code §§ 43-8-131, 43-8-135
- Transfer-on-death deed
- Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust. Code of Alabama (no transfer-on-death deed statute)
- State estate or inheritance tax
- No state estate or inheritance tax is currently collected. Alabama's estate tax only equals the federal state death tax credit, which no longer exists under federal law, so no Alabama estate tax is due. Ala. Code § 40-15-2
Last verified: 2026-10-25
Wills
| Requirements for a valid will | Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. A will signed elsewhere is also valid if it met the law of the place where it was signed, or of the will-maker's domicile or residence. |
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| Handwritten (holographic) wills | Alabama law has no exception for handwritten wills: a will signed in Alabama must have two witnesses even if it is entirely handwritten. A handwritten will made where such wills are valid (the place of signing, or the will-maker's domicile or residence) can still be accepted. Source: Ala. Code §§ 43-8-131, 43-8-135 |
| Self-proving affidavit | Yes. A will can be made self-proved when it is signed, or at any later time, by the will-maker's acknowledgment and the witnesses' sworn affidavits before a notary or other officer authorized to give oaths. The statute provides the wording of the certificate. Source: Ala. Code § 43-8-132 |
If there is no will
| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus half of the rest if a parent survives but no descendants; the first $50,000 plus half of the rest if all descendants are also the surviving spouse's descendants; half if any descendant is not the surviving spouse's. The rest (or everything, with no spouse) goes to descendants, then parents equally, then the parents' descendants (siblings and their lines), then half to the paternal and half to the maternal grandparents or their descendants. Source: Ala. Code §§ 43-8-41, 43-8-42 |
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| Surviving spouse's share | A surviving spouse of an Alabama resident may elect to take the lesser of (1) one-third of the estate or (2) the whole estate minus the value of the spouse's own separate estate (which counts property the spouse owns, property received by surviving the decedent, and trust, life insurance and employer retirement benefits). The spouse must file a petition with the court within six months after death or six months after the will is probated, whichever is later; the court can extend the time if asked before it runs out. Source: Ala. Code §§ 43-8-70, 43-8-73 |
Probate
| Probate steps | Probate is handled by the county probate court (judge of probate). A will must be filed for probate within five years after death. The usual steps are: petition to probate the will and for letters testamentary (or letters of administration if there is no will); the personal representative gives notice to creditors by mail to known creditors and by publishing once a week for three weeks; claims are filed with the probate judge; debts are paid; and the estate is distributed and settled. |
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| Simplified probate | The main simplified option is summary distribution under the Revised Alabama Small Estates Act (see small estate). A will can also excuse the executor from filing an inventory, reports or a final settlement unless an interested person shows their interest is at risk or the judge finds the estate may be wasted. Source: Ala. Code §§ 43-2-692, 43-2-311 |
| Small estate affidavit | Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged. The small estate amount is the total of the homestead allowance ($15,000), exempt property ($7,500) and the family allowance, as adjusted every three years for inflation by the State Treasurer. Check with the probate court for the current dollar figure. The Act was rewritten in 2025 (Act 2025-431). |
| Deadline for creditor claims | Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred. Source: Ala. Code §§ 43-2-350, 43-2-61 |
| Who can be executor | A person cannot serve as executor if under 19, convicted of an infamous crime, or unable to do the job because of intemperance, improvidence or lack of understanding. A nonresident named as executor in a will can receive letters on the same bond and terms as a resident; if the will expressly waives bond, bond is generally not required. A nonresident generally cannot be appointed administrator (no will) unless already serving as personal representative of the same estate in another state. With no will, priority goes to the surviving spouse, then next of kin, then the largest Alabama creditor, then others the judge appoints. |
| Finding probate court records | Each Alabama county has its own Judge of Probate. The Alabama Secretary of State keeps a directory of every county's probate judge with office address and phone number; contact the probate office in the county where the person lived about wills and estate files. |
Deeds and transferring a house
| Signing and recording a deed | A deed must be in writing and signed by the grantor (or an agent with written authority). It must be attested by one witness (two if the grantor signs by mark or has someone else sign), but an acknowledgment before a notary or other authorized officer satisfies the witness requirement. Deeds are recorded in the office of the judge of probate in the county where the land is located. A deed tax of 50 cents per $500 of value (after qualifying mortgages) must be paid before recording, with exceptions such as deeds for nominal consideration to perfect title. |
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| Transfer-on-death deed | Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust. Check for later legislation before relying on this. |
Power of attorney and health care directives
| Financial power of attorney | Alabama has adopted the Uniform Power of Attorney Act with an optional statutory form. A power of attorney must be signed by the principal (or by someone in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on the principal's incapacity. |
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| Health care directive | Any competent adult may sign an advance directive for health care, which can include a living will and a health care proxy designation; the proxy must accept the appointment in writing. The directive must be in writing, signed (or signed for the person in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone financially responsible for the person's medical care. Source: Ala. Code § 22-8A-4 |
Estate and inheritance tax
| State estate or inheritance tax | No state estate or inheritance tax is currently collected. Alabama's estate tax only equals the federal state death tax credit, which no longer exists under federal law, so no Alabama estate tax is due. The statute ties the tax to the federal credit; confirm with the Alabama Department of Revenue for a specific estate. Source: Ala. Code § 40-15-2 |
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Planning documents and avoiding probate
| Living will / advance directive | Alabama has a statutory form: the Advance Directive for Health Care, which combines a living will and an optional health care proxy. Any competent adult may sign one. It must be in writing, signed by the person (or by someone else in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the person who signed for the declarant, the named proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone directly financially responsible for the person's medical care. The directive takes effect only when the person can no longer direct their own treatment and two physicians document a terminal illness or injury or permanent unconsciousness. The form wording is printed in the statute. Artificial nutrition and hydration may be withheld only if the directive specifically authorizes it. A directive has no effect during a known pregnancy. Source: Ala. Code § 22-8A-4 |
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| Medical power of attorney | Alabama calls the health care agent a "health care proxy." The proxy is named in the Advance Directive for Health Care (or a separate proxy designation) and must accept the appointment in writing, with the acceptance attached. Signing rules are the same as for the living will: written, signed, dated, and two qualified adult witnesses (19 or older). A person's health care provider, or a nonrelative employee of that provider, may never serve as proxy. Divorce revokes a former spouse's designation unless the document says otherwise. An attorney-in-fact under a durable power of attorney who is specifically given end-of-life decision authority is also treated as a proxy. Source: Ala. Code § 22-8A-4 |
| Revocable living trust | Alabama has adopted the Uniform Trust Code (the Alabama Uniform Trust Code). A trust is created when the settlor has capacity, shows an intent to create it, names a definite beneficiary, gives the trustee duties, and is not both the sole trustee and sole beneficiary. For trusts signed on or after January 1, 2007, a trust is revocable unless its terms expressly say it is irrevocable; a written revocable trust can be amended or revoked only by a later written instrument delivered to the trustee (or the method stated in the trust). Property must be retitled into the trust's name (funded) to pass under the trust; assets held by the trustee are distributed under the trust terms without probate, while assets left in the person's own name may still need probate. |
| Ways to avoid probate | Non-probate options in Alabama include: payable-on-death (POD) and joint accounts with survivorship, which pass to the surviving party or beneficiary and are not subject to estate administration (Ala. Code §§ 5-24-12, 5-24-14); transfer-on-death registration of securities and brokerage accounts under the Uniform TOD Security Registration Act (Ala. Code § 8-6-140 and following); vehicles titled to co-owners joined by "or," where the survivor becomes sole owner; property held in a funded revocable trust (Ala. Code § 19-3B-602); and summary distribution for small estates (Ala. Code § 43-2-692). Alabama has no transfer-on-death deed for real estate. |
Executors and heirs
| Executor's duties | The personal representative must give notice of appointment to creditors: actual notice to known creditors as soon as practicable, and published notice within 30 days after letters are granted. Claims must be filed within six months after letters or five months after first publication, whichever is later. The representative files a sworn inventory listing each item of property and all debts owed to the decedent. Final settlement may be made any time after six months from the grant of letters if debts are paid; the representative files a verified account with supporting evidence and a sworn list of heirs and beneficiaries. A will may excuse the inventory, reports and final settlement unless an interested person shows their interest is endangered or the judge finds the estate may be wasted. |
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| Letters testamentary | Letters are issued by the judge of probate of the county probate court. After a will is admitted to probate, the judge may issue letters testamentary to the executors named in the will if they are fit to serve; if there is no will (or no executor serves), the court issues letters of administration. Any executor, beneficiary, interested person, or person holding the will may petition to have the will proved. A will must be offered for probate within five years after death. Typical filings are the original will, a death certificate, the petition, and any bond the court requires. Bond is generally not required when the will expressly waives it. Check with the county probate court for its local forms and fees. |
| Affidavit / determination of heirship | No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; heirship is usually shown through a probate court proceeding (administration or summary distribution). Source: Ala. Code § 43-2-830 |
| Transferring a car after death | Title is transferred through the county license office (designated agent of the Alabama Department of Revenue). If the estate has been or will be probated, the person signing for the estate provides a copy of the letters testamentary or letters of administration. If the estate has not been and will not be probated, the person signing provides a Next of Kin Affidavit (Form MVT 5-6) and a copy of the death certificate. The next of kin signs the title assignment as "seller" on behalf of the deceased owner's estate. |
Official Alabama forms
- Alabama Power of Attorney Form (statutory form, text in statute)
- Self-proved will certificate wording (text in statute)
- Advance Directive for Health Care (living will and health care proxy) — form wording in statute
- Next of Kin Affidavit (MVT 5-6) — Alabama Department of Revenue title FAQ
Probate court and deed recording by county
Alabama estate law FAQ
What makes a will valid in Alabama?
Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. A will signed elsewhere is also valid if it met the law of the place where it was signed, or of the will-maker's domicile or residence.
Is a handwritten will valid in Alabama?
Alabama law has no exception for handwritten wills: a will signed in Alabama must have two witnesses even if it is entirely handwritten. A handwritten will made where such wills are valid (the place of signing, or the will-maker's domicile or residence) can still be accepted.
Does a will need to be notarized in Alabama?
Yes. A will can be made self-proved when it is signed, or at any later time, by the will-maker's acknowledgment and the witnesses' sworn affidavits before a notary or other officer authorized to give oaths. The statute provides the wording of the certificate.
Who inherits if someone dies without a will in Alabama?
Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus half of the rest if a parent survives but no descendants; the first $50,000 plus half of the rest if all descendants are also the surviving spouse's descendants; half if any descendant is not the surviving spouse's. The rest (or everything, with no spouse) goes to descendants, then parents equally, then the parents' descendants (siblings and their lines), then half to the paternal and half to the maternal grandparents or their descendants.
What is a surviving spouse entitled to in Alabama?
A surviving spouse of an Alabama resident may elect to take the lesser of (1) one-third of the estate or (2) the whole estate minus the value of the spouse's own separate estate (which counts property the spouse owns, property received by surviving the decedent, and trust, life insurance and employer retirement benefits). The spouse must file a petition with the court within six months after death or six months after the will is probated, whichever is later; the court can extend the time if asked before it runs out.
What is the small estate limit in Alabama?
Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged.
Is there a simplified probate process in Alabama?
The main simplified option is summary distribution under the Revised Alabama Small Estates Act (see small estate). A will can also excuse the executor from filing an inventory, reports or a final settlement unless an interested person shows their interest is at risk or the judge finds the estate may be wasted.
How does probate work in Alabama?
Probate is handled by the county probate court (judge of probate). A will must be filed for probate within five years after death. The usual steps are: petition to probate the will and for letters testamentary (or letters of administration if there is no will); the personal representative gives notice to creditors by mail to known creditors and by publishing once a week for three weeks; claims are filed with the probate judge; debts are paid; and the estate is distributed and settled.
How long do creditors have to file claims against an estate in Alabama?
Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred.
Who can be an executor in Alabama?
A person cannot serve as executor if under 19, convicted of an infamous crime, or unable to do the job because of intemperance, improvidence or lack of understanding. A nonresident named as executor in a will can receive letters on the same bond and terms as a resident; if the will expressly waives bond, bond is generally not required. A nonresident generally cannot be appointed administrator (no will) unless already serving as personal representative of the same estate in another state. With no will, priority goes to the surviving spouse, then next of kin, then the largest Alabama creditor, then others the judge appoints.
Does Alabama allow transfer-on-death deeds?
Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust.
What does a quitclaim deed need to be valid in Alabama?
A deed must be in writing and signed by the grantor (or an agent with written authority). It must be attested by one witness (two if the grantor signs by mark or has someone else sign), but an acknowledgment before a notary or other authorized officer satisfies the witness requirement. Deeds are recorded in the office of the judge of probate in the county where the land is located. A deed tax of 50 cents per $500 of value (after qualifying mortgages) must be paid before recording, with exceptions such as deeds for nominal consideration to perfect title.
What are the requirements for a power of attorney in Alabama?
Alabama has adopted the Uniform Power of Attorney Act with an optional statutory form. A power of attorney must be signed by the principal (or by someone in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on the principal's incapacity.
What are the requirements for a health care directive in Alabama?
Any competent adult may sign an advance directive for health care, which can include a living will and a health care proxy designation; the proxy must accept the appointment in writing. The directive must be in writing, signed (or signed for the person in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone financially responsible for the person's medical care.
Does Alabama have an estate or inheritance tax?
No state estate or inheritance tax is currently collected. Alabama's estate tax only equals the federal state death tax credit, which no longer exists under federal law, so no Alabama estate tax is due.
How do I make a living will in Alabama?
Alabama has a statutory form: the Advance Directive for Health Care, which combines a living will and an optional health care proxy. Any competent adult may sign one. It must be in writing, signed by the person (or by someone else in their presence and at their direction), dated, and signed in front of two witnesses who are at least 19. A witness cannot be the person who signed for the declarant, the named proxy, a relative by blood, adoption or marriage, an heir or will beneficiary, or someone directly financially responsible for the person's medical care. The directive takes effect only when the person can no longer direct their own treatment and two physicians document a terminal illness or injury or permanent unconsciousness. The form wording is printed in the statute.
How do I make a medical power of attorney in Alabama?
Alabama calls the health care agent a "health care proxy." The proxy is named in the Advance Directive for Health Care (or a separate proxy designation) and must accept the appointment in writing, with the acceptance attached. Signing rules are the same as for the living will: written, signed, dated, and two qualified adult witnesses (19 or older). A person's health care provider, or a nonrelative employee of that provider, may never serve as proxy. Divorce revokes a former spouse's designation unless the document says otherwise. An attorney-in-fact under a durable power of attorney who is specifically given end-of-life decision authority is also treated as a proxy.
How do living trusts work in Alabama?
Alabama has adopted the Uniform Trust Code (the Alabama Uniform Trust Code). A trust is created when the settlor has capacity, shows an intent to create it, names a definite beneficiary, gives the trustee duties, and is not both the sole trustee and sole beneficiary. For trusts signed on or after January 1, 2007, a trust is revocable unless its terms expressly say it is irrevocable; a written revocable trust can be amended or revoked only by a later written instrument delivered to the trustee (or the method stated in the trust). Property must be retitled into the trust's name (funded) to pass under the trust; assets held by the trustee are distributed under the trust terms without probate, while assets left in the person's own name may still need probate.
What does an executor have to do in Alabama?
The personal representative must give notice of appointment to creditors: actual notice to known creditors as soon as practicable, and published notice within 30 days after letters are granted. Claims must be filed within six months after letters or five months after first publication, whichever is later. The representative files a sworn inventory listing each item of property and all debts owed to the decedent. Final settlement may be made any time after six months from the grant of letters if debts are paid; the representative files a verified account with supporting evidence and a sworn list of heirs and beneficiaries. A will may excuse the inventory, reports and final settlement unless an interested person shows their interest is endangered or the judge finds the estate may be wasted.
How do I get letters testamentary in Alabama?
Letters are issued by the judge of probate of the county probate court. After a will is admitted to probate, the judge may issue letters testamentary to the executors named in the will if they are fit to serve; if there is no will (or no executor serves), the court issues letters of administration. Any executor, beneficiary, interested person, or person holding the will may petition to have the will proved. A will must be offered for probate within five years after death. Typical filings are the original will, a death certificate, the petition, and any bond the court requires.
Does Alabama have an affidavit of heirship?
No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; heirship is usually shown through a probate court proceeding (administration or summary distribution).
How can you avoid probate in Alabama?
Non-probate options in Alabama include: payable-on-death (POD) and joint accounts with survivorship, which pass to the surviving party or beneficiary and are not subject to estate administration (Ala. Code §§ 5-24-12, 5-24-14); transfer-on-death registration of securities and brokerage accounts under the Uniform TOD Security Registration Act (Ala. Code § 8-6-140 and following); vehicles titled to co-owners joined by "or," where the survivor becomes sole owner; property held in a funded revocable trust (Ala. Code § 19-3B-602); and summary distribution for small estates (Ala. Code § 43-2-692). Alabama has no transfer-on-death deed for real estate.
How do I search probate court records in Alabama?
Each Alabama county has its own Judge of Probate. The Alabama Secretary of State keeps a directory of every county's probate judge with office address and phone number; contact the probate office in the county where the person lived about wills and estate files.
How do I transfer a car title after someone dies in Alabama?
Title is transferred through the county license office (designated agent of the Alabama Department of Revenue). If the estate has been or will be probated, the person signing for the estate provides a copy of the letters testamentary or letters of administration. If the estate has not been and will not be probated, the person signing provides a Next of Kin Affidavit (Form MVT 5-6) and a copy of the death certificate. The next of kin signs the title assignment as "seller" on behalf of the deceased owner's estate.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.