Does Alabama Allow Transfer on Death Deeds?

Alabama does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.

Why TOD deeds aren't available in Alabama

Alabama has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. Title 35, Chapter 4 of the Alabama Code contains no article authorizing transfer-on-death deeds.

Alabama has no statutory authority for transfer-on-death deeds covering real property. A full search of the official Code of Alabama (alison.legislature.state.al.us, verified 2026-08-02) shows the only "Transfer on Death" act in the Code is the Uniform Transfer on Death Security Registration Act (Ala. Code §§ 8-6-140 to 8-6-151), which applies to securities only and does not authorize TOD designations for real property. Enhanced life estate deeds (Lady Bird deeds) likewise have no statutory authorization in the Alabama Code; only traditional life estates, regulated under Ala. Code §§ 35-4-170 to 35-4-171 and §§ 35-4-231 to 35-4-232, are recognized. Survivorship between co-owners of Alabama real property arises only where the instrument creating the tenancy says so: under Ala. Code § 35-4-7 a deceased joint tenant's interest passes to the survivor only where the instrument states that the tenancy "is with right of survivorship or other words used therein showing such intention." HB406 (2016 Regular Session) would have adopted the Uniform Real Property Transfer on Death Act but died pending action in the House Judiciary Committee. No transfer-on-death deed bill has been introduced in any session since, and none is pending: an ALISON instrument search covering every session through the 2026 First Special Session confirms it.

Alternatives for Alabama

These mechanisms transfer real property at death without probate in Alabama:

Consult a licensed attorney for help choosing the right mechanism for your situation.

Frequently asked questions

Alabama has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. Title 35, Chapter 4 of the Alabama Code contains no article authorizing transfer-on-death deeds.

Alabama recognizes 3 alternatives for transferring real property outside of probate: Joint tenancy with right of survivorship; Life estate deed; Revocable living trust.

No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Alabama.

Not currently. The most recent bill, HB 406 (2016 Regular Session), failed: Read for the first time and referred to the House of Representatives committee on Judiciary; died there pending committee action, never enacted. No TOD-deed bill has been filed in any session since — all 65 sessions and 64,227 instruments searched, and the 2027 Regular Session has none prefiled. No TOD deed bill is pending.