Do I Need a Transfer on Death Deed in Alabama?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. Alabama does not currently allow transfer on death deeds. Alabama has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. Title 35, Chapter 4 of the Alabama Code contains no article authorizing transfer-on-death deeds.

Because Alabama does not allow TOD deeds, alternatives for avoiding probate on real property include: Joint tenancy with right of survivorship, Life estate deed, Revocable living trust. Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Alabama typically passes through probate unless held in a trust or with joint tenancy. Use the Alabama probate calculator to estimate what that would cost.

TOD Deeds in Alabama

Alabama does not currently allow transfer on death deeds (No). Alabama has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. Title 35, Chapter 4 of the Alabama Code contains no article authorizing transfer-on-death deeds. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Alabama is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $47,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Alabama families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Alabama statutes and official state code. How we research.

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