Alabama Estate Planning: Free Wills, Forms & Calculators

Like all states, Alabama recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

If you die without a will in Alabama, your heirs must survive you by at least 120 hours to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.

Unlike states with formal independent administration statutes (such as California and Texas), Alabama doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Alabama does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,000 per person, or $30,000,000 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Alabama does not allow transfer-on-death deeds for real estate. Without this option, real property must pass through probate or be held in a trust to avoid court proceedings. Transferring a home into a revocable trust does not forfeit Alabama's homestead exemption—the protection carries through to trust-held property. Transferring property into a revocable trust does not trigger a property tax reassessment in Alabama, so property taxes remain at their current level.

Alabama provides constitutional homestead protection up to $18,800 in home equity. This shields the family home from most creditors during the owner's lifetime. Executors must publish a notice to creditors, who then have 6 months to file claims against the estate. Known creditors must also receive direct written notice.

Alabama automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce. Alabama does not protect inherited IRAs from creditors. Unlike the owner's own retirement accounts, inherited IRAs in Alabama are vulnerable to creditor claims, which is an important consideration when naming beneficiaries.