What Happens If You Die Without a Will in Alabama?
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.
Alabama intestacy law decides. Alabama follows separate property rulesAla. Code § 43-8-41Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Grandparents and their descendants; The State of AlabamaAla. Code § 43-8-41Verified Sep 10, 2026View source.
The surviving spouse's share in Alabama depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $100,000 plus half of the remaining estateAla. Code § 43-8-41Verified Sep 10, 2026View source. With shared children: First $50,000 plus half of the remaining estate (when all children are also children of surviving spouse)Ala. Code § 43-8-41Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estateAla. Code § 43-8-41Verified Sep 10, 2026View source.
Alabama divides per capita with representationAla. Code § 43-8-45Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Surviving descendants of equal degree of kinship take equal shares; those of more remote degree take by representation, with the estate divided at the nearest degree of kinship in which a descendant survives.
Alabama requires an heir to survive the decedent by 120 hoursAla. Code § 43-8-43Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Alabama intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Alabama will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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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 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.
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 Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyAla. Code § 43-8-131Verified Oct 18, 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.
What Are the Burial and Cremation Laws in My State?
Alabama allows you to name your own agent in advanceAla. Code § 34-13-11(a)(2)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
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.