How Do I Avoid Probate in Alabama?

Alabama has no general statute making a payable-at-death provision in a written instrument nontestamentaryCode of Alabama 1975, Titles 1 to 45, incl. Title 43, ch. 8 (Probate Code) and Title 27 (Insurance)Verified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Alabama: In Alabama a joint tenant's interest passes to the surviving joint tenant only where the deed creating the tenancy states a right of survivorship or other words showing that intent; otherwise it descends as if the tenancy had been severed. Any person may record with the judge of probate an affidavit stating a fact that affects title to land, and the record is notice of the facts it recitesAla. Code Title 35, ch. 4 (§§ 35-4-7, 35-4-50 to 35-4-76); Titles 43 and 12; Title 22, ch. 9A; Title 40, chs. 15 and 22Verified Oct 26, 2026View source. In Alabama, no statute authorizes a transfer on death deed. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Alabama, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.