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 $25,000 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 affidavit (Ala. Code § 43-2-692) allows a successor to claim personal property without opening formal probate, provided the total value of the personal property does not exceed $25,000. The affidavit can be used 30 days after death. 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. The creditor claim period runs 6 months from first publication of the notice to creditors. 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 $25,000 threshold less of a practical barrier than it first appears.

Wills
Will Signing Requirements in Alabama

A valid Alabama will requires the signature of the testator (the person making the will) and two adult witnesses who sign in the testator's conscious presence (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 also recognizes holographic wills — wills written entirely in the testator's own handwriting and signed, with no witnesses required. While legally valid under Alabama law, holographic wills are more frequently challenged in court and are more difficult to admit to probate without witness testimony confirming the handwriting. A properly witnessed and self-proved will is always the stronger document.

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. Present it to the county Probate Court. Even informal documents are taken seriously if they meet the requirements for a holographic will.

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, if the deceased had a surviving spouse and children, the spouse receives the first $50,000 of the estate's value plus half the remainder. The children divide the other half equally. If the deceased had no children, the surviving spouse takes the entire estate.

Even when a will exists, Alabama law protects the surviving spouse through the elective share: a surviving spouse can choose to claim one-third of the augmented estate instead of accepting what the will provides, if the will's provision is less favorable. 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: $15,000, payable to the surviving spouse or to minor children if there is no surviving spouse. This is exempt from creditor claims.
• Exempt property allowance: Up to $7,500 in household furniture, automobiles, furnishings, appliances, and personal effects.
• 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.

If the total personal property of the estate is under $25,000, a vehicle can be transferred using the small estate affidavit procedure under Ala. Code § 43-2-692. The heir completes the affidavit, waits 30 days after the date of death, and presents it — along with the death certificate and vehicle title — to the Alabama Law Enforcement Agency (ALEA), which administers vehicle titles and registrations in Alabama.

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 at ALEA.

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 to ALEA. 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 estate recovery program is 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 not subject to Medicaid recovery claims.

Recovery is waived 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.

Frequently Asked Questions

What is Alabama's small estate threshold?

Alabama allows personal property under $25,000 to be claimed by affidavit 30 days after death under Ala. Code § 43-2-692. Real property is excluded from the small estate affidavit process and 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 $13.99 million for individuals in 2025).

How long does probate take in Alabama?

Alabama probate typically takes 9–15 months for an uncontested estate. The creditor claim period runs 6 months from first publication of the notice to creditors, which sets the minimum timeline for most estates.

Does Alabama recognize holographic wills?

Yes. Alabama recognizes holographic wills — wills written entirely in the testator's own handwriting and signed, with no witnesses required. However, a properly witnessed and notarized will is always preferable and easier to admit to probate.

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

Under Ala. Code § 43-8-41, a surviving spouse with children receives the first $50,000 of the estate plus half the remainder; the children divide the other half. If there are no children, the surviving spouse takes the entire estate.

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.