How Do I File Taxes for a Deceased Person in Alabama?

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.

At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Alabama requires a final state income tax returnAla. Code § 40-18-5Verified Sep 20, 2026View source (Form 40Ala. Code § 40-18-29(a)-(b) (fiduciary return, $1,500 threshold, deadline); § 40-18-25 (estate/trust income computed per IRC Subchapter J)Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and an Alabama fiduciary return (Form 41Ala. Code § 40-18-29(a)-(b) (fiduciary return, $1,500 threshold, deadline); § 40-18-25 (estate/trust income computed per IRC Subchapter J)Verified Sep 10, 2026View source) may also be required.

The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Alabama return is due April 15 following year of deathAla. Code § 40-18-29(a)-(b) (fiduciary return, $1,500 threshold, deadline); § 40-18-25 (estate/trust income computed per IRC Subchapter J)Verified Sep 10, 2026View source. The Alabama fiduciary return is due April 15 (calendar-year estates); 15th day of the 4th month after close of a fiscal yearAla. Code § 40-18-29(a)-(b) (fiduciary return, $1,500 threshold, deadline); § 40-18-25 (estate/trust income computed per IRC Subchapter J)Verified Sep 10, 2026View source.

No. Estate tax waivers no longer required for deaths after December 31, 2004Ala. Code § 40-18-29(a)-(b) (fiduciary return, $1,500 threshold, deadline); § 40-18-25 (estate/trust income computed per IRC Subchapter J)Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.

No. No Alabama estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsNo 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, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

Forms 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.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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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.

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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.

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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.

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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.

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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.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Hire an Alabama Probate Attorney

Browse 70 probate firms in Alabama with addresses, contact info, and practice details.

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Alabama Estate Settlement Resources

In-depth guides covering Alabama probate, estate administration, and settling an estate.