For anyone planning an estate in Alabama or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Alabama law.
36 tools for Alabama
Probate in Alabama takes 6 months to 12 months for a simple estate and charges attorney fees of typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Alabama does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
Alabama does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
In Alabama, the Probate Court of the county where the decedent was domiciled appoints the personal representative and the Judge of probate issues Letters Testamentary or Letters of Administration; every appointment goes through the courtAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source.
In Alabama, creditors have 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source from the personal representative's appointment to present claims; late claims are barred.
When an estate owes more than it holds, Alabama pays the claims in 6Ala. Code § 43-2-371Verified Sep 23, 2026View source classes in statutory order, beginning with funeral expenses.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
Alabama requires a final state income tax return for the decedent alongside the federal Form 1040Ala. Code § 40-18-5Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In Alabama, a will-based plan pays probate attorney fees of typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in Alabama: the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment; creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
Settling a trust in Alabama happens outside court: the trustee acts under the state's Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysAla. Code §§ 19-3B-813, 19-3B-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
After a death in Alabama, the estate either qualifies for the simplified procedure for estates under $47,000Ala. Code § 43-2-696.02Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source to file claims after notice.