AL state guide
Alabama estate risk overview
This guide explains how estate outcomes work in Alabamawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Alabama intestacy rules set spouse shares based on whether parents or descendants survive and whether all children are from the current marriage.
- If no surviving descendants or parents, the spouse inherits the entire intestate estate.
- If parents survive but no descendants, the spouse receives the first $100,000 plus one-half of the balance.
- If all descendants are also the spouse's, the spouse receives the first $50,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives one-half of the intestate estate.
- Any remaining balance passes to descendants, then parents, then siblings and more remote relatives.
- An heir must survive the decedent by five days to inherit under intestacy.
Sources
- https://law.justia.com/codes/alabama/title-43/chapter-8/article-3/section-43-8-41/
- https://law.justia.com/codes/alabama/title-43/chapter-8/article-3/section-43-8-42/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-alabama.html
- https://law.justia.com/codes/alabama/title-43/chapter-8/article-3/section-43-8-43/
Probate process
Alabama probate runs through the county probate court, with a summary distribution option for personal-property-only estates below a CPI-adjusted cap.
- Summary distribution is limited to personal property and is filed in the probate court where the decedent was domiciled.
- Estate value must be within a $25,000 cap that is adjusted annually for inflation.
- No personal representative can be pending or appointed, and at least 30 days must pass after notice.
- Funeral expenses must be paid or arrangements made before distribution.
- Summary distribution petitions are filed in the probate court for the county of the decedent's domicile.
Estate and inheritance tax exposure
Alabama does not impose a state estate or inheritance tax.
- No state estate or inheritance tax.
- Federal estate tax may apply based on estate size.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
In Alabama, courts appoint guardians for minor children when no legal parent can act. State statutes outline eligibility, notice, and court oversight.
- Court appointment is required to grant a non-parent legal authority.
- Statutes define who may petition, notice requirements, and hearing steps.
- Temporary or emergency guardianships may be available in urgent cases.
- Statutes: AL Code Sec. 26-2A-73; 75; 81
- Temporary or emergency guardianships may be available for urgent situations.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Alabama
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Alabama
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Alabama
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Alabama
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.