AL risk areas
Alabama estate risk areas
These pages explain how default state rules in Alabama shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Alabama's elective share and homestead allowance can override a will or intestacy shares when a spouse or dependent children survive.
- A surviving spouse may elect to take an elective share that can reduce transfers under a will.
- The homestead allowance for a surviving spouse or minor/dependent children has priority over claims and is in addition to other shares unless a will provides otherwise.
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