Probate in Alabama
Alabama probate is administered by the Probate Court in the county where the deceased resided. Alabama's probate system is county-based, and the quality and pace of administration can vary by county. Formal probate is generally required for estates with real property or assets over the small estate threshold. Executors and administrators are entitled to reasonable compensation.
Alabama probate typically takes 9–18 months. The process is supervised and requires court approval for major transactions in most cases.
Simplified estate procedures
Alabama allows a small estate affidavit procedure for estates with personal property of $25,000 or less, available 30 days after death. The affidavit can be presented to financial institutions to collect assets without court involvement.
Alabama also has a "summary distribution" process for certain small estates with no real property. Real estate must generally go through probate or be held in a trust to avoid court proceedings.
Death certificates
Alabama death certificates are issued by the Alabama Department of Public Health (ADPH) Center for Health Statistics and by county health departments. The cost is $15 per certified copy. Order online through ADPH or through the county health department where the death occurred.
Request at least 10–12 certified copies when the funeral home files the initial certificate. Given Alabama's longer typical probate timeline, having adequate copies at the outset prevents delays.
Estate and inheritance tax
- State estate tax: Alabama has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 6 months from the date of first publication of notice to creditors.
- County variation: Alabama's probate courts vary significantly by county in their procedures and efficiency. Consulting a local attorney is especially important in Alabama.
- No transfer on death deed: Alabama does not currently authorize transfer on death deeds for real property. Living trusts are the primary tool for avoiding probate on real estate.
- Homestead rights: Alabama provides a surviving spouse with a homestead exemption and allowance from the estate.
Key contacts
- Alabama Department of Public Health vital records: alabamapublichealth.gov/vitalrecords
- Alabama Unified Judicial System probate: alacourt.gov
- Alabama State Bar lawyer referral: alabar.org