What Happens to Jointly Owned Property in Alabama When an Owner Dies?
When a joint owner dies in Alabama: Alabama law names no affidavit or certificate to record when a joint tenant dies. Where the deed states a right of survivorship, the deceased owner's interest passes to the surviving joint tenant under the terms of that deedAla. 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.
Alabama law names no affidavit or certificate to record when a joint tenant dies. Where the deed states a right of survivorship, the deceased owner's interest passes to the surviving joint tenant under the terms of that deedAla. 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 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, so a death affidavit on that basis does not arise.
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Learn moreForms for Settling an Estate in Alabama
Free forms for settling an estate in Alabama: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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 Oct 18, 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.
Tools for Settling an Estate in Alabama
Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Alabama, certified death certificates come from the Alabama Department of Public Health - Center for Health StatisticsAlabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source; the first copy costs $15Alabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source, additional copies $6Alabama Department of Public Health - Center for Health StatisticsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Alabama, estates with personal property of $47,000Ala. Code § 43-2-696.02Verified Sep 8, 2026View source or less qualify for the Summary DistributionAla. Code § 43-2-696.02Verified Sep 8, 2026View source, 30 daysAla. Code § 43-2-696.02Verified Sep 8, 2026View source after death, a court procedure short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
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.
How Do I Settle an Estate?
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 Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
What Do I Do When Someone Dies?
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.
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.
Hire an Alabama Probate Attorney
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Alabama Estate Settlement Resources
In-depth guides covering Alabama probate, estate administration, and settling an estate.