What Are the Burial and Cremation Laws in Alabama?
Alabama allows you to name your own agent in a signed, written documentAla. Code § 34-13-11(a)(2)Verified Sep 10, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedAla. Code § 22-19-3Verified Sep 10, 2026View source in Alabama. No state statute prohibits home burial on private property. Must comply with local zoning ordinances. A burial permit from the local registrar is required (§ 22-19-3). Under § 34-13-111(b), every funeral service, memorial service, or committal service conducted in Alabama for hire or for profit must be under the direct supervision of a licensed funeral director. Family-directed home funerals conducted without compensation are not expressly barred by this requirement.
Alabama imposes a 24-hour minimum waiting periodAla. Code § 34-13-121Verified Sep 10, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. Authorizing agent per § 34-13-11 must sign a cremation authorization form approved by the Board of Funeral Service, plus a state identification form. All cremations must be arranged through a licensed funeral establishment (§ 34-13-121(b)).
Alabama sets a statutory order for who controls the disposition of remains: surviving spouse, then sole surviving child, or majority of surviving children, then sole surviving grandchild, or majority of surviving grandchildrenAla. Code § 34-13-11Verified Sep 10, 2026View source. The state allows you to name your own agent in a signed, written documentAla. Code § 34-13-11(a)(2)Verified Sep 10, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawAla. Code § 22-19-3Verified Sep 10, 2026View source in Alabama. Embalming is not required by state law for in-state disposition. A body may not be removed from Alabama unless it has been embalmed or cremated, so embalming is one of two ways to clear out-of-state transport (§ 22-19-2). No public viewing of un-embalmed bodies is permitted 24 hours after death. Disposition must occur within 48 hours unless the body is embalmed or kept under refrigeration (§ 34-13-117).
In Alabama, a licensed funeral director is not required — a family may legally direct the disposition itselfAla. Code § 34-13-111Verified Sep 10, 2026View source. Alabama does not require a licensed funeral director for disposition that is not "for hire or for profit." Under § 34-13-111(b), only funeral, memorial, or committal services conducted for hire or for profit must be under the direct supervision of a licensed funeral director; uncompensated family-directed disposition is not barred.
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Learn moreForms for Planning and Settling an Estate in Alabama
Free Alabama forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Alabama, the petition asks the Probate Court of the county where the decedent was domiciled to appoint the personal representative, whose authority is proved by 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.
Notice to Creditors
In Alabama, the notice to creditors is published for 3Ala. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source from the personal representative's appointment to present claims.
Renunciation of Executor
In Alabama, a person named as executor may renounce the right to serveAla. Code § 43-2-25Verified Sep 22, 2026View source before anyone is appointed.
Estate Inventory
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.
Estate Closing
In Alabama, the personal representative is discharged by court orderAla. Code §§ 43-2-628, 43-2-516Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Alabama, a will is signed before 2Ala. Code § 43-8-131Verified Sep 15, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyAla. Code § 43-8-131Verified Sep 15, 2026View source.
Healthcare Power of Attorney
Alabama requires 2Ala. Code § 22-8A-4(h)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredAla. Code § 22-8A-4(h)Verified Oct 15, 2026View source.
Tools for Planning and Settling an Estate in Alabama
Free calculators and checklists for planning or settling an estate in Alabama: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Alabama costs an estimated $23,489Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Alabama, a surviving spouse takes the first $50,000 plus half of the restAla. Code § 43-8-41Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationAla. Code § 43-8-45Verified Sep 10, 2026View source.
How Much Are Estate & Inheritance Taxes?
Alabama levies no estate or inheritance taxNo state estate or inheritance tax. The Ala. Code Title 40, Ch. 15 estate tax (§ 40-15-2) is a federal-credit "pickup" tax — still codified, but levied "only ... to the extent of absorbing" the federal state death tax credit, so it has computed to $0 since Congress eliminated that credit. Alabama has no separate inheritance tax and no gift tax, and the Alabama Department of Revenue confirms estates with a date of death after Dec. 31, 2004 are not required to file.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Alabama imposes no inheritance or estate taxNo state estate or inheritance tax. The Ala. Code Title 40, Ch. 15 estate tax (§ 40-15-2) is a federal-credit "pickup" tax — still codified, but levied "only ... to the extent of absorbing" the federal state death tax credit, so it has computed to $0 since Congress eliminated that credit. Alabama has no separate inheritance tax and no gift tax, and the Alabama Department of Revenue confirms estates with a date of death after Dec. 31, 2004 are not required to file.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Alabama take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Alabama costs an estimated $23,489Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with 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. Estates under $47,000Ala. Code § 43-2-696.02Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Alabama pays executors reasonable compensationAla. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Sep 8, 2026View source, typically 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.
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Alabama Estate Planning Resources
In-depth guides covering Alabama probate laws, trust requirements, and estate planning strategies.