County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

All Alabama self-help resources (2 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source

Alabama probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.

Which Alabama probate source should you use?

Start with the state court, form, or self-help source for general Alabama probate context.
Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.

Statewide process, forms, and code sources

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

Alabama Administrative Office of Courts - Forms
State-level source record in Settled data, accessed 2026-06-09.

County filing-office sources

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Alabama Secretary of State - County Official Lookup
State-level source record in Settled data, accessed 2026-06-09.

Settled pairs these Alabama source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.

Alabama Estate Law Overview

Alabama Estate Tax Info

Alabama has no operative state estate tax and no inheritance tax for deaths after December 31, 2004, and no probate tax on the value of the estate. Alabama does have a state income tax and a deed recording privilege tax that can apply to estate real-property transfers.

State Estate Tax

Inheritance Tax

Yes

State Income Tax

Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives probate property when an Alabama resident dies without a valid will.

View spouse inheritance rules

No surviving issue (children or other descendants) and no surviving parent of the decedent100%

If there is no surviving issue or parent of the decedent, the surviving spouse receives the entire intestate estate (Ala. Code 43-8-41(1)).

No surviving issue, but the decedent is survived by a parent or parentsFirst $100,000 plus 1/2 of the balance

The spouse takes the first $100,000 in value plus one-half of the balance of the intestate estate (Ala. Code 43-8-41(2)).

All surviving issue of the decedent are also issue of the surviving spouseFirst $50,000 plus 1/2 of the balance

The spouse takes the first $50,000 in value plus one-half of the balance of the intestate estate (Ala. Code 43-8-41(3)).

One or more surviving issue of the decedent are not issue of the surviving spouse (for example, children from a prior relationship)1/2

If there are surviving issue one or more of whom are not issue of the surviving spouse, the spouse receives one-half of the intestate estate (Ala. Code 43-8-41(4)).

View order of inheritance (no spouse)

1Issue of the decedent (children and their descendants)The part not passing to a surviving spouse, or all if no spouse; equal shares if same degree, otherwise by representation
2Parents (equally, or all to the survivor)If no surviving issue, to the decedent's parent or parents equally
3Issue of the parents (siblings and their descendants), by representationIf no surviving issue or parent, to the issue of the parents or either of them by representation
4Grandparents and their issue (aunts, uncles, cousins), split between paternal and maternal sidesHalf to the paternal grandparents or their issue and half to the maternal grandparents or their issue; if one side has no takers, the entire estate passes to the other side

Alabama Homestead Protection

Alabama homestead protection is a capped statutory creditor exemption, not an unlimited Florida-style homestead system. Under Ala. Code 6-10-2 the homestead of every Alabama resident is exempt from levy and sale for collection of debts up to a base value of $15,000 and 160 acres in area; the dollar amount is CPI-adjusted by the State Treasurer every three years under Ala. Code 6-10-12 and is $18,800 for exemptions claimed on or after April 1, 2024. A husband and wife who jointly own a homestead may each claim the exemption separately. A mobile home used as the principal residence counts as a homestead.

$4,000

Property Tax Exemption

Creditor protection: read the statute text

Base $15,000 in value (Ala. Code 6-10-2), CPI-adjusted to $18,800 for exemptions claimed on or after April 1, 2024, and not exceeding 160 acres in area. Each spouse of a couple jointly owning a homestead may claim the exemption separately.

Statute: Ala. Code 6-10-2

Size limits & qualifications

Inside city limits: Statutory exemption capped at 160 acres regardless of location; the constitutional floor for a city, town, or village lot is the lot with the dwelling, up to $2,000 in value

Outside city limits: Statutory exemption capped at 160 acres; the constitutional floor outside a city, town, or village is 80 acres

Property types: House and land occupied as the homestead (up to 160 acres), Mobile home or similar dwelling used as the principal residence, City, town, or village lot with the dwelling (constitutional floor)

Restrictions on leaving homestead in will

With spouse, no minor children:

No devise restriction modeled. Review the elective share (Ala. Code 43-8-70), the homestead allowance (Ala. Code 43-8-110), exempt property, family allowance, title, and creditor issues separately.

With minor children:

No devise restriction modeled, but Ala. Const. art. X, Section 206 exempts the family homestead from debts during the children's minority, and minor/dependent children may claim the homestead allowance when there is no surviving spouse.

Exempt Property

Alabama provides estate allowances for surviving spouses and minor or dependent children (homestead allowance, exempt property, and family allowance) and separate creditor exemptions for debtor property under Title 6, Chapter 10. All of the Article 6 dollar amounts are CPI-adjusted by the State Treasurer every three years under Ala. Code 43-8-116.

View exempt items

Estate Exempt Property (surviving spouse, or children jointly)

Household furniture, automobiles, furnishings, appliances, and personal effects, up to the adjusted value over any security interests, under Ala. Code 43-8-111. If the qualifying assets are worth less than the cap, the spouse or children are entitled to other estate assets to make up the difference.

$7,500 base ($9,400 CPI-adjusted) in excess of security interests

Homestead Exemption (creditor)

The resident's homestead is exempt from levy and sale for collection of debts under Ala. Code 6-10-2. See homestead-law.json.

$15,000 base ($18,800 CPI-adjusted) and 160 acres

Personal Property (creditor)

Personal property of the resident, except wages, salaries, or other compensation, up to the adjusted amount, selected by the debtor (Ala. Code 6-10-6). Wages are excluded from this exemption (Ala. Code 6-10-6.1) and are protected, if at all, under the garnishment rules referenced in Ala. Code 6-10-7 and 5-19-15.

$7,500 base ($9,400 CPI-adjusted), selected by the debtor

Wearing Apparel, Portraits, and Books (creditor)

All necessary and proper wearing apparel for the debtor and family, all family portraits or pictures, and all books used in the family are exempt in addition to the dollar-capped personal property exemption.

No dollar cap stated in Ala. Code 6-10-6

Burial Place and Church Pew (creditor)

Cemetery lots or other lots set apart or used as a burial place for the resident or family, and any pew or seat in a place of worship held for family use, are exempt from levy and sale (Ala. Code 6-10-5).

No dollar cap stated in Ala. Code 6-10-5

Retirement Plans and Other Statutory Exemptions

Alabama exempts various retirement benefits and other assets under statutes outside Title 6, Chapter 10, Article 1, Division 1 (for example, qualified trust and IRA protections under Ala. Code 19-3-1 et seq.). Not verified in this file; verify the specific statute before relying on a retirement-asset exemption.

Family Allowance

Reasonable maintenance allowance; the personal representative may determine it up to a lump sum of $15,000 base ($18,800 CPI-adjusted) or periodic installments up to $500 per month; the court may allow more or less on petition - A reasonable allowance in money out of the estate for the maintenance of the surviving spouse and the minor children the decedent was obligated to support, and children in fact being supported, during administration.

Alabama Probate Questions

How much does probate cost in Alabama?

Alabama probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Alabama fee calculator for county-specific estimates.

How long does probate take in Alabama?

The timeline varies by type: Formal Probate typically takes 6-12+ months, while Simplified Probate and Small Estate Procedures are usually much faster, depending on the county and the estate.

Do I need an attorney for probate in Alabama?

Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.

Are these Alabama probate resources county-specific?

No. This map shows state-level source links from Settled data. Use it with the Alabama county page and the county office handling the estate before filing.

Which Alabama source should I use first?

Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.

Does the Alabama Probate Resource Map replace attorney review?

No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.

Alabama Probate Guide

Find Your County

Types of Probate in Alabama

Alabama Probate Filing Offices by County

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