What Families Need to Know After a Death in Alabama

Alabama probate runs through the county Probate Court — a relatively accessible system for uncontested estates. Its ~$47,000 (2026) small estate threshold is modest, meaning many families will need to open formal probate, but non-probate transfers through beneficiary designations and joint ownership often cover the most valuable assets. Alabama has no state estate tax, and its advance directive law allows a single combined document. This guide covers the six areas where Alabama law most affects what you need to do.

Probate
Probate & Small Estate Rules in Alabama

Alabama probate is filed with the Probate Court in the county where the deceased lived at the time of death. Each of Alabama's 67 counties has its own Probate Court, and most are accessible to families handling uncontested estates without an attorney — though legal guidance is advisable for larger or complicated estates.

Alabama's small estate procedure is summary distribution under the Revised Alabama Small Estates Act (Ala. Code §§ 43-2-690 to 43-2-694, revised 2025). An heir files a verified petition with the county probate judge; if the requirements are met, the judge issues an order directing distribution, and heirs present a copy of that order to banks and others holding the deceased's property. The petition must be published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot sign the order until at least 30 days after both; the petitioner must also confirm that funeral expenses and claims have been paid or arranged. It is available when the estate consists of personal property worth no more than the small estate amount — about $47,000 for claims made from April 1, 2024 (the State Treasurer's CPI-adjusted homestead, exempt property, and family allowance amounts added together; next adjustment takes effect April 1, 2027) — and the deceased owned no real property that does not pass automatically. Real property is excluded from this procedure — real estate always requires either formal probate or a non-probate transfer mechanism such as joint ownership with survivorship rights.

When full probate is required, the court appoints a personal representative (executor). Alabama does not have a statutory fee schedule for executors — compensation must be "reasonable" and is subject to court approval. Creditors must file claims with the probate judge within 6 months after letters are granted or 5 months after the first publication of notice, whichever is later; a creditor entitled to actual notice gets at least 30 days after that notice (Ala. Code § 43-2-350). This period sets the floor for the probate timeline; uncontested Alabama estates typically close in 9–15 months.

Assets that pass outside probate — including life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and jointly titled property with survivorship rights — are not subject to probate regardless of the estate's total value. For many Alabama families, these non-probate assets represent the bulk of the estate, making the ~$47,000 (2026) threshold less of a practical barrier than it first appears.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Alabama. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Alabama

A valid Alabama will requires the signature of the testator (the person making the will) and two witnesses, each of whom witnessed the signing or the testator's acknowledgment of the signature or will (Ala. Code § 43-8-131). Notarization is not required for a standard witnessed will, but a self-proving affidavit — signed by the testator and witnesses before a notary at the time of signing — significantly speeds up the probate process by eliminating the need to locate witnesses later.

Alabama does not recognize holographic wills. Every will made in Alabama must be signed by two witnesses (Ala. Code § 43-8-131); a handwritten, unwitnessed will is valid only if it was validly made under the law of another place where the testator signed it or lived (Ala. Code § 43-8-135).

If the deceased left no valid will, Alabama's intestate succession statute (Ala. Code § 43-8-41) governs who inherits. The distribution depends on the surviving family members — spouse, children, parents, and more distant relatives each have defined shares under the statute.

If you find a handwritten document that may be a will, do not discard it. Have an Alabama probate attorney review it — an unwitnessed will made in Alabama is generally not valid, but one made in another state may be.

Advance Directive
Alabama Advance Directive

Alabama uses a combined Advance Directive that covers both the appointment of a healthcare proxy (healthcare agent) and the expression of treatment preferences (living will function). This single document handles what some states split into two separate forms.

To be valid, the Alabama Advance Directive must be signed by the principal and two witnesses. Witnesses cannot be: the named healthcare agent, any person who would inherit from the principal, the principal's attending physician, or an employee of a healthcare facility where the principal is a patient. These restrictions are designed to prevent conflicts of interest.

Alabama also recognizes a Do-Not-Resuscitate (DNR) order for out-of-hospital settings. This is a physician-signed medical order distinct from the Advance Directive. If the deceased had a DNR on file with emergency responders or a care facility, it governed decisions in immediate emergency settings. The Advance Directive governed longer-term healthcare decisions and named the healthcare agent.

The healthcare agent's authority ends at the principal's death. After death, the personal representative (executor) named in the will — or appointed by the court — takes over legal authority for the estate.

Spousal Rights
Surviving Spouse Rights in Alabama

Alabama is not a community property state. Property acquired during marriage is not automatically jointly owned. Each spouse's assets are separately titled, and the distribution of property at death is governed by the will or, if there is no will, by Alabama's intestate succession statute.

Under Ala. Code § 43-8-41, the surviving spouse's share depends on the family: the entire estate if there are no children (or other descendants) and no parent; the first $100,000 plus half the rest if there are no descendants but a parent survives; the first $50,000 plus half the rest if all descendants are also the spouse's; and one-half if any descendant is not the spouse's.

Even when a will exists, Alabama law protects the surviving spouse through the elective share: a surviving spouse can choose to take an elective share instead of what the will provides. The share is the lesser of one-third of the deceased's estate, or the whole estate minus the value of the spouse's own separate estate (including life insurance and survivorship property the spouse received) (Ala. Code § 43-8-70). This right must be exercised within a specific time period after the will is admitted to probate.

Additional protections for the surviving spouse include:

• Homestead allowance: ~$18,800, payable to the surviving spouse or to minor children if there is no surviving spouse. This is exempt from creditor claims and is CPI-adjusted every three years from a $15,000 base (Ala. Code § 43-8-110).
• Exempt property allowance: ~$9,400 in household furniture, automobiles, furnishings, appliances, and personal effects, also CPI-adjusted every three years from a $7,500 base (Ala. Code § 43-8-111).
• Family allowance: A reasonable living allowance during estate administration, set by the court.

These allowances take priority over most creditor claims and are paid before the general estate is distributed.

Vehicle Transfer
Transferring a Vehicle After Death in Alabama

In Alabama, how a vehicle transfers after death depends on how the estate qualifies and how the vehicle was titled.

Vehicle titles in Alabama are issued by the Alabama Department of Revenue's Motor Vehicle Division, through county license plate issuing officials. If the estate has not been and will not be probated, the person signing for the estate uses a Next of Kin Affidavit (Form MVT 5-6) with a copy of the death certificate. If the estate is being probated, the personal representative uses the letters testamentary or letters of administration instead.

For larger estates that require formal probate, the personal representative transfers the vehicle title using Letters Testamentary (or Letters of Administration if there is no will). These court-issued documents authorize the personal representative to act on behalf of the estate, including signing the title transfer paperwork.

Vehicles held in joint tenancy with right of survivorship transfer to the surviving owner automatically upon presentation of a certified copy of the death certificate when retitling the vehicle. No probate is required for jointly titled vehicles with survivorship rights — the transfer is administrative rather than legal.

If the vehicle has an outstanding loan, the lienholder must release the title before any transfer can proceed, regardless of the transfer method.

Medicaid Recovery
Alabama Medicaid Estate Recovery

Alabama Medicaid seeks recovery for long-term care costs paid on behalf of beneficiaries aged 55 and older. The Alabama Medicaid Agency (administered in coordination with the Alabama Department of Insurance) has the right to file a claim against the deceased beneficiary's estate to recover those costs before assets are distributed to heirs.

Alabama's state plan defines the estate by reference to probate law, so recovery is generally described as limited to the probate estate. Assets that pass outside of probate — including life insurance proceeds with a named beneficiary, retirement accounts, payable-on-death bank accounts, jointly owned property with survivorship rights, and assets held in a living trust — are generally outside a claim, but the Medicaid Agency's Estate Recovery Unit also recovers from some sources other than the probate estate. Confirm with the Agency how a specific asset is treated before you rely on this.

Recovery is deferred under certain conditions:

• A surviving spouse is living (recovery is deferred until after the spouse's death).
• A minor child of the deceased is living.
• A blind or disabled child of the deceased is living, regardless of age.

If none of these protections apply, the personal representative must notify the Alabama Medicaid Agency before distributing estate assets. Distributing assets without notifying Medicaid — when there is a valid recovery claim — can create personal liability for the personal representative.

If you are settling an estate where the deceased received Alabama Medicaid benefits for nursing home, assisted living, or home- and community-based waiver services after age 55, contact the Alabama Medicaid Agency early in the process to request a claim determination. This lets you understand the exposure before making any distributions.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Frequently Asked Questions

What is Alabama's small estate threshold?

Alabama's small estate process is a summary distribution: an heir files a verified petition with the county probate judge, and the judge issues an order directing distribution. It is available when the estate is personal property worth no more than the small estate amount — about $47,000 for claims made from April 1, 2024 (the sum of the State Treasurer's CPI-adjusted homestead, exempt property, and family allowance amounts) — and the deceased owned no real property that doesn't pass automatically (Ala. Code §§ 43-2-690 to 43-2-694, revised 2025). Real property that does not pass automatically requires either formal probate or a non-probate transfer mechanism.

Does Alabama have a state estate tax?

No. Alabama does not impose a state estate tax or inheritance tax. Only the federal estate tax may apply, and only for estates above the federal exemption threshold (currently $15 million for individuals in 2026).

How long does probate take in Alabama?

Alabama probate typically takes 9–15 months for an uncontested estate. Creditors must file claims with the probate judge within 6 months after letters are granted or 5 months after the first publication of notice, whichever is later; a creditor entitled to actual notice gets at least 30 days after that notice (Ala. Code § 43-2-350), which sets the minimum timeline for most estates.

Does Alabama recognize holographic wills?

No. Alabama does not recognize holographic (handwritten, unwitnessed) wills made in Alabama; a will must be signed by two witnesses (Ala. Code § 43-8-131). A handwritten will validly made in another state may still be accepted (Ala. Code § 43-8-135).

What is the surviving spouse's share in Alabama without a will?

Under Ala. Code § 43-8-41, the surviving spouse's share depends on the family: the entire estate if there are no children (or other descendants) and no parent; the first $100,000 plus half the rest if there are no descendants but a parent survives; the first $50,000 plus half the rest if all descendants are also the spouse's; and one-half if any descendant is not the spouse's.

Does Alabama Medicaid recover from trusts?

Alabama Medicaid estate recovery is limited to the probate estate. Assets held in living trusts, joint accounts with survivorship rights, or accounts with beneficiary designations generally pass outside probate and are not subject to recovery.