Alabama Inheritance: Plan an Estate or Settle One

Alabama has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActAla. Code § 26-1A-101 et seq. (esp. §§ 26-1A-104, -105, -106, -107, -109, -113, -119, -201, -217, -301); § 26-1-1 (age of majority); § 35-4-28 (recording); §§ 19-1A-9, -10 (digital assets)Verified Sep 18, 2026View source.

Probate of a simple estate in Alabama runs 6 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Sep 8, 2026View source; attorney fees are reasonable compensationAla. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $23,489Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source. The personal representative must post a bondAla. Code § 43-2-851Verified Sep 8, 2026View source, which the will may waiveAla. Code § 43-2-851Verified Sep 8, 2026View source.

Certified death certificates come from the Alabama Department of Public Health - Center for Health StatisticsAlabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source at $15Alabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source a copy, $6Alabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 7-10 daysAlabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3Ala. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to takeAla. Code §§ 43-8-70, 43-8-72, 43-8-73Verified Sep 15, 2026View source 33.33%Ala. Code §§ 43-8-70, 43-8-72, 43-8-73Verified Sep 15, 2026View source of the estate instead. The family allowance during administration is capped at $18,800Ala. Code §§ 43-8-112, 43-8-113, 43-8-116Verified Oct 11, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsAla. Code §§ 35-5A-21, 26-1-1Verified Sep 15, 2026View source of age. Alabama taxes incomeAla. Code § 40-18-5Verified Sep 20, 2026View source at a top rate of 5%Ala. Code § 40-18-5Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesAla. Code § 40-18-5 (graduated 2%/4%/5% individual income tax) — ADOR rate FAQVerified Sep 15, 2026View source.