Alabama
Estate law, probate process, and inheritance rules for Alabama — in plain language.
$2,000–$4,000 + 2.5% executor commission per Ala. Code §43-2-680
Affidavit procedure Ala. Code §43-2-690
Elective share + homestead allowance + family allowance under Ala. Code §43-8-70
Spouse + descendants of marriage: spouse takes first $50K + 1/2 of remainder.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 5 years of death
- ⏱Inventory: within 2 months of letters
- ⏱Notice to creditors: 6 months
- ⚠Alabama probate is county-by-county — practices vary
- ⚠5-year window to probate is generous but should not be relied on
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state estate tax — focus on probate avoidance via trust if estate > $500K
- →Probate cost can be significant due to bonding requirements
- Alabama Code Title 43 (Wills and Decedents' Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Alabama.
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