Order
When life feels overwhelming
Order
When life feels overwhelming
Alabama runs its estate process through the county Probate Court, with a small estate limit of about $47,000, adjusted for inflation each year; confirm the current limit with the probate court. The state gives surviving spouses a right to an elective share of the lesser of one-third of the estate or the whole estate reduced by the value of the spouse's own separate estate, plus homestead protections that affect how property passes.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
Alabama probate is handled by the Probate Court in the county where the deceased lived. For estates under the state's small estate limit (about $47,000, adjusted for inflation each year; confirm the current limit with the probate court), a simplified small estate procedure may be available.
A surviving spouse can elect the lesser of one-third of the estate or the whole estate reduced by the value of the spouse's own separate estate. The election must be filed within six months after the date of death or six months after the will is admitted to probate, whichever is later. Ask the court for an extension before the deadline if needed.
Alabama law protects the family home. The surviving spouse has certain rights to the homestead that can override distribution instructions in the will.
Alabama has its own income tax. A final state return must be filed for the year of death. If the deceased was a TRS or ERS member, survivor benefits need to be claimed separately.
These are just a few of the Alabama-specific tasks Order surfaces automatically when you select your state.
File in the county where the deceased lived. Small estate procedures may be available for personal property under the state's small estate limit (about $47,000, adjusted for inflation each year; confirm the current limit with the probate court) — real property requires formal probate regardless of value.
Surviving spouse may elect the lesser of one-third of the estate or the whole estate reduced by the value of the spouse's own separate estate. Must file within six months after the date of death or six months after the will is probated, whichever is later.
The surviving spouse has specific homestead rights in probate that may affect how the home is transferred or sold — these are separate from any property tax homestead exemption already on file.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Alabama.
Military families in Alabama
Alabama-specific
These tasks appear automatically in your checklist when you select Alabama as your state.
File in Probate Court.
Surviving spouse may elect the lesser of one-third of the estate or the whole estate reduced by the value of the spouse's own separate estate
Use Form MVT 5-1 for title transfer
