Probate in Alabama: What Your Family Goes Through Without a Will

All wills go through probate in the state of Alabama, with a few exceptions and some nuances. When someone dies without a will, this is referred to as intestate succession. Lots of people make sure they have a will to avoid probate court. If there is no will, an estate will go through probate in Alabama if there is no will, with a few exceptions.

• When a beneficiary is listed on a life insurance policy or financial account

• When bank or brokerage accounts have a payable-on-death or transfer-on-death designation.

• When property owned jointly includes a right of survivorship.

If none of these apply, an estate without a will does go through probate in Alabama. If the estate's personal property is valued at roughly $47,000 or less (as of 2026, this figure adjusts every March 1 for inflation and does not include real estate), you may qualify for Alabama's summary distribution process instead of full probate.

Succession Laws Without a Will in Alabama

Before determining who will inherit which assets, it is important to understand how Alabama treats property ownership. Alabama is not a community property state. Rather, it is a common law property state meaning ownership is assigned to whoever is listed on the title, deed, or account. Surviving spouses can also legally claim an elective share of the estate, even if a will provides less.

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If no exceptions can be applied, the estate will go through probate and the assets will be distributed according to the following lines of succession.

• If you are married with no children and no living parents, your spouse inherits everything.

• If you have children but no spouse, your children inherit everything.

• If you have no spouse and no children, your parents inherit everything.

• If you have no spouse, no children, and no parents, any living siblings inherit everything.

• In the absence of those, the state will try to locate any other living relatives, including grandparents, aunts, uncles, and cousins, before the estate escheats to the state.

If you are married and there are surviving children or parents, probate will allocate assets according to the following guidelines.

• If you only have children with your surviving spouse, your spouse inherits the first $50,000 of your estate plus 1/2 of the balance. Your children inherit the rest, divided equally.

• If you have children who are not your spouse's children, your spouse inherits 1/2 of your estate. Your children inherit the other 1/2, divided equally.

• If you have no children but living parents, your spouse inherits the first $100,000 of your estate plus 1/2 of the balance. Your parents inherit the rest.

Alabama Probate Process

Alabama probate is filed with the Probate Court in the county where the deceased lived. Creditors have six months from the granting of letters to file claims, and the personal representative, once appointed, must file an inventory within two months (60 days). Alabama does not impose a state estate or inheritance tax, and summary distribution can move a qualifying small estate through in as little as 30 days after the required notice periods are satisfied.

Avoiding Probate in Alabama

Because probate is widely known for being a long and often expensive process, people sometimes want to avoid the proceedings altogether. Here are some ways you can avoid probate.

• A revocable living trust lets you have full control over your estate as the trustee. You name a successor trustee and that person manages the distribution of your assets when you die.

• Put beneficiary designations on financial and retirement accounts. With a payable-on-death (POD) designation or a transfer-on-death (TOD) designation, you can identify who becomes the new owner upon your death.  

• Make sure you own property jointly and designate the new owner with right of survivorship.  

• Alabama's summary distribution process only covers personal property, not real estate, so a home still needs a trust, joint ownership, or a will to avoid full probate.

Want to learn more about trusts in Alabama? Compare what you get with a will versus a trust.