Probate in Alabama: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

Alabama has no no-court small estate affidavit. Instead, families petition the probate court for a summary distribution when there is no real estate and personal property is worth about $47,000 or less. Larger estates go through regular probate. Alabama has no transfer-on-death deed for real estate and no estate or inheritance tax.

When someone dies in Alabama, the family's first question is usually practical. Do we have to go to court?

Most states have a small estate shortcut, often an affidavit you can use after a waiting period. Alabama's is narrower. This page explains it, along with who inherits when there is no will and who serves as executor. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Does Alabama have a small estate affidavit?

Not in the usual sense. Alabama's version is a "summary distribution" under the Revised Alabama Small Estates Act: a petition to the probate court, not a form you hand the bank (Code of Ala. 43-2-690, 43-2-692).

It is only available when all of these are true:

The person who died owned no real estate, other than property that passes automatically, such as a home held jointly with survivorship.
The estate is personal property worth no more than the "small estate amount."
They didn't leave a minor child who isn't also the surviving spouse's child.

How much is the small estate amount?

The statute doesn't print a single dollar figure. It defines the limit as the homestead allowance plus exempt property plus the family allowance, as adjusted for inflation by the State Treasurer (Code of Ala. 43-2-691, 43-8-116).

Adding up the Treasurer's published figures gives about $47,000 today: $18,800 for the homestead allowance, $18,800 for the family allowance and $9,400 for exempt personal property. The Treasurer's newest figures, for amounts claimed on or after April 1, 2027, add up to about $51,175 (Alabama State Treasurer, Consumer Price Index Adjustments).

Alabama rewrote this law in 2025, so older articles may quote other limits.

How does a summary distribution work?

A verified petition is filed in the probate court of the county where the person lived. No bond is required.
Any self-proved will is filed with it.
Funeral expenses and all debts are paid, or arrangements are made to pay them.
Notice is published once in a local newspaper, and the Alabama Medicaid Agency is notified by certified mail.
At least 30 days after the newspaper notice and 30 days after Medicaid received its notice, the court can order distribution.

What's left goes to the surviving spouse. If there is no spouse, it passes under the self-proved will, and otherwise to the heirs (Code of Ala. 43-2-692, 43-2-694).

Which path fits?

Situation	Likely path in Alabama
No real estate, personal property about $47,000 or less	Summary distribution through the probate court
Any real estate in the person's name only	Regular probate, unless the home was in a living trust
Home held jointly with survivorship	The home passes to the co-owner outside probate
Accounts or securities with a named beneficiary	They pass to the beneficiary outside probate
Everything held in a funded living trust	The trustee distributes it without probate

Who inherits if there's no will?

Alabama's intestacy law decides. Alabama is not a community property state. The surviving spouse's share depends on who else survives (Code of Ala. 43-8-41):

Everything, if there are no children or other descendants and no parent.
The first $100,000 plus half the rest, if there are no descendants but a parent survives.
The first $50,000 plus half the rest, if all the descendants are also the spouse's.
Half the estate, if any descendant is not the spouse's, such as a child from an earlier marriage.

These amounts are fixed in the statute. Whatever doesn't go to a spouse passes in this order (Code of Ala. 43-8-42):

Children and other descendants.
Parents equally, or the surviving parent.
Brothers, sisters, nieces and nephews.
Half to the father's side and half to the mother's side: grandparents or their descendants.

Friends, stepchildren and charities never appear on this list. To leave anything to the neighbor who walks your dog, put it in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Alabama calls the person in charge a personal representative. With a will, it is the executor the will names. Without one, the probate judge appoints in this order (Code of Ala. 43-2-42):

The surviving husband or wife.
The next of kin who inherit.
The largest creditor of the estate living in Alabama.
Anyone else the judge appoints. In larger counties, a county or general administrator comes first.

If nobody in the first three groups applies within 40 days after the death is known, they are treated as giving up the right (Code of Ala. 43-2-43).

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says. They must file an inventory within two months of appointment unless the will waives it, and they must notify the Alabama Medicaid Agency (Code of Ala. 43-2-835, 43-2-697).

Can someone out of state serve?

It depends on whether there is a will (Code of Ala. 43-2-22):

Named as executor in a will: a nonresident can serve, on the same bond terms as a resident.
No will, or no executor who qualifies: a nonresident generally can't be appointed administrator, unless they already serve for the same estate in another state.

So if your niece lives in Tennessee, naming her in your will is what lets her serve. Our post on who should be your executor helps you choose.

How long do creditors have?

Within 30 days after appointment, the personal representative publishes a notice once a week for three weeks and mails notice to known creditors. Creditors then have six months after appointment, or five months after the first publication if that is later, to file what they are owed with the probate court (Code of Ala. 43-2-60, 43-2-61, 43-2-350). Anything not filed in time is barred for good. Our post on the probate process walks through the steps.

How much is the personal representative paid?

Alabama sets a ceiling. The court allows reasonable pay, capped at 2.5% of the property received plus 2.5% of the money paid out (Code of Ala. 43-2-848). The court may add more for extraordinary work.

The will or the beneficiaries can set a different fee. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer-on-death deed. Alabama has no law allowing one for real estate. Its transfer-on-death law covers only securities, such as a brokerage account (Code of Ala. 8-6-140).

That leaves two common routes for a home: owning it jointly with survivorship, or putting it in a living trust. Our posts on how to avoid probate and what a trustee does explain the trust route.

Will my heirs owe Alabama estate or inheritance tax?

No. Alabama's estate tax was tied to a federal credit that ended in 2005, and the Department of Revenue says no Alabama estate tax returns are required for deaths after 2004. Alabama has no inheritance tax (Alabama Department of Revenue).

Here is a typical case, a composite. Dorothy, 76, lived in Montgomery. Her house was in her living trust, with her nephew as successor trustee, and her checking account named him as beneficiary. Her car and furniture went through a summary distribution. The house never saw probate.

Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Alabama financial power of attorney guide and Alabama medical power of attorney guide.

Common questions

What is the small estate limit in Alabama?

Adding up the State Treasurer's inflation-adjusted figures gives about $47,000 in personal property today, and about $51,175 from April 1, 2027. The estate can't include real estate.

Can someone who lives in another state be executor in Alabama?

Yes, if the will names them as executor. Without a will, a nonresident generally can't be appointed administrator unless they already serve for the same estate in another state.

Does Alabama have a transfer-on-death deed?

No. Alabama allows transfer-on-death registration for securities but not for real estate. A living trust or joint ownership with survivorship are the common alternatives.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

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