After a death in Alabama

Small estates

Summary distribution of a small estate under the Revised Alabama Small Estates Act (Ala. Code 43-2-690 and after). It covers personal property only, not real estate. The limit equals the combined homestead allowance, exempt property and family allowance, adjusted for inflation by the State Treasurer. Under the 2025 law effective October 1, 2025, that is about $47,000. Based on the Treasurer’s July 2026 figures it should rise to about $51,175 for claims on or after April 1, 2027. The surviving spouse, or if none, the heirs file a petition with the probate court. The petitioner must publish notice and notify the Alabama Medicaid Agency. Funeral costs and debts must be paid or arranged. Not available if a personal representative has been requested or appointed, or if the person left a minor child who is not the surviving spouse’s child.

• Limit: About $47,000 (sum of the inflation adjusted allowances; confirm with the probate court)
• Waiting time after the death: 30 days after notice is published and 30 days after Alabama Medicaid receives notice
• Source: the official source

Probate court

In Alabama, estates are handled by the Probate Court of the county, run by the Judge of Probate, usually in the county where the person lived.

Creditor claims: Claims must be filed within 6 months after letters are issued to the personal representative.

Official court forms

Revised Alabama Small Estates Act

Explains how small estates work in Alabama, from the Mobile County Probate Court. It does not offer forms.

Alabama has no statewide court page with estate forms. Each county probate court handles estates, and several say by law they cannot give out forms or legal advice. Call the probate court in the county where the person lived.

Estate and inheritance tax

• State estate tax: No. Alabama has no state estate tax.
• Inheritance tax: No. Alabama has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Alabama does not have transfer on death deeds for real estate. Common alternatives are a deed with right of survivorship or a revocable living trust.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and 2 witnesses (Ala. Code 43-8-131). A self-proving affidavit signed before a notary lets the will be admitted without witness testimony.

Handwritten wills: A handwritten will is valid only if it is signed and witnessed like any other will.

Power of attorney and health care directive

Financial power of attorney: Alabama adopted the Uniform Power of Attorney Act (Ala. Code 26-1A, 2011). The principal must sign. Notarizing is not strictly required, but a notarized signature is presumed genuine, and notarizing is needed to record it for real estate. The Act includes a statutory form.

Health care directive: Advance Directive for Health Care (Ala. Code 22-8A-4), which combines a living will and the naming of a health care proxy. Signed by the person and 2 witnesses age 19 or older. Relatives, heirs, and anyone paying for the person’s care cannot be witnesses.

Death certificates

Certified copies come from the Alabama Department of Public Health, Center for Health Statistics (also any county health department). The fee is $15 for the first copy (search fee). $6 for each extra copy of the same record ordered at the same time.. The funeral home can usually order them for you.

For deaths less than 25 years ago, only immediate family (spouse, parents, children, siblings, grandchildren), the informant named on the certificate, and legal representatives of the estate or family may order. Order by mail, at a county health department, or through VitalChek (1-888-279-9888).

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

For a small estate, the family must notify the Alabama Medicaid Agency before the court orders distribution. The surviving spouse and minor children are entitled to a homestead allowance, exempt property and a family allowance that come ahead of most creditors.