Alabama inheritance laws give a valid will substantial power over how property is distributed after death, but that power has real limits. The will directs probate assets to whomever the testator names, overriding the state’s default intestacy rules. It cannot, however, disinherit a surviving spouse, redirect life insurance or retirement accounts, or take effect until debts and taxes are paid. Understanding where the will’s authority begins and ends is what keeps families from being blindsided during probate.
What Makes a Will Valid in Alabama
Alabama’s requirements are straightforward. The testator must be at least 18 and of sound mind, meaning they understand what they own, who their natural heirs are, and what signing the document does.1Justia Law. Alabama Code 43-8-130 – Who May Make a Will The will has to be in writing and signed by the testator, or by someone else in the testator’s presence and at the testator’s direction. Two witnesses must also sign, and each must have seen either the signing or the testator’s acknowledgment of the signature.2Justia Law. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses
Alabama does not recognize oral wills, and handwritten wills get no special treatment. Every will goes through the same execution process: written, signed, and witnessed by two people. A witness who is also a beneficiary does not invalidate the will under Alabama statute, though using disinterested witnesses gives challengers less to work with.3Justia Law. Alabama Code 43-8-134 – Who May Witness Will
A will can be made self-proving at signing, which spares the family a step during probate. The testator and both witnesses sign sworn affidavits before a notary or another officer authorized to administer oaths, and the officer attaches a certificate under an official seal.4Justia Law. Alabama Code 43-8-132 – Self-Proved Will Without a self-proving affidavit, the probate court may require witnesses to appear and confirm the will is genuine.
One boundary worth flagging: if a testator divorces after signing a will, Alabama automatically revokes every provision benefiting the former spouse, including property gifts, powers of appointment, and nominations as executor, trustee, or guardian. The rest of the will stays intact. This only kicks in once the divorce is finalized, so anyone in the middle of a separation should update the will rather than rely on the statute.5Justia Law. Alabama Code 43-8-137 – Revocation by Divorce or Annulment
What a Spouse Can Claim Regardless of the Will
Alabama does not allow a testator to write a spouse out of the estate entirely. A surviving spouse can claim an elective share equal to the lesser of one-third of the estate or what the spouse would have received under intestacy if no will existed. The right exists no matter what the will says. The only way to waive it is through a valid prenuptial or postnuptial agreement.
On top of the elective share, the surviving spouse is entitled to exempt personal property such as household furniture, automobiles, appliances, and personal effects worth up to $7,500, in addition to the homestead allowance. If there is no surviving spouse, the decedent’s children share that same value jointly. These exempt property rights take priority over most creditor claims and over bequests in the will.6Justia Law. Alabama Code 43-8-111 – Exempt Property
Children and Other Beneficiaries
Beneficiaries are the people or organizations named in the will. Heirs are the people who would inherit under Alabama’s intestacy rules if no will existed. When a valid will is in place, its terms override intestacy, and named beneficiaries take their designated shares regardless of family relationship.
A testator can leave property to relatives, friends, charities, or institutions. Alabama also allows a testator to disinherit children entirely. Unlike spouses, children have no statutory right to an elective share, and a will that clearly excludes a child will generally be enforced.
When a Minor Inherits
Children cannot legally manage property, so leaving an inheritance directly to a minor creates a problem. Many wills solve this by setting up a testamentary trust that holds the assets under a named trustee’s control until the child reaches an age the testator picks. The trustee can manage investments, pay for education and living expenses, and release funds on schedule.
For smaller amounts, Alabama follows the Uniform Transfers to Minors Act, which allows a custodian to manage property for a minor without a formal trust. The child gains full control once they reach the age set by state law. If the will names no custodian and creates no trust, the probate court may appoint a guardian to manage the inheritance.
Assets the Will Does Not Control
The most common misunderstanding in Alabama estate planning is assuming the will governs everything the decedent owned. It does not. Several categories of assets pass directly to a named beneficiary outside probate, and the will cannot override those designations:
- Life insurance proceeds go to whoever is named on the policy, not whoever is named in the will.
- Retirement accounts, including IRAs, 401(k)s, and pensions, pay out to the beneficiary listed with the plan administrator.
- Real estate or bank accounts held as joint tenants with right of survivorship pass automatically to the surviving co-owner.
- Payable-on-death bank accounts and certificates of deposit transfer directly to the named person.
- Assets transferred into a revocable living trust during the testator’s lifetime are distributed by the trustee under the trust terms.
Keeping beneficiary designations current matters as much as keeping the will current. A will that leaves everything to a second spouse does nothing about a life insurance policy still naming a first spouse. Review those designations separately after marriage, divorce, or the birth of a child.
How Debts Get Paid Before Beneficiaries
Before any beneficiary receives anything, the estate has to settle the decedent’s debts. Alabama sets a strict priority order:
- Funeral expenses
- Administrative fees and costs of managing the estate
- Expenses of the last illness
- Taxes assessed against the decedent before death
- Employee wages owed for services in the year of death
- All other debts
7Justia Law. Alabama Code 43-2-371 – Order of Preference
If the estate does not have enough to pay everyone, lower-priority creditors may get partial payment or nothing. The executor must follow the order strictly. Distributing assets to beneficiaries before paying valid debts can leave the executor personally liable for the shortfall.
Federal tax liens get special treatment. The special estate tax lien attaches to the entire gross estate but excludes property used to pay administrative expenses and charges, which effectively lets funeral and administration costs take priority even ahead of federal tax claims.8Internal Revenue Service. 5.17.2 Federal Tax Liens
Beneficiaries themselves are generally not personally responsible for the decedent’s debts. Creditors can only reach the estate. If the estate is insolvent, some bequests may be reduced or eliminated to cover what is owed.
Federal Estate Tax
Alabama imposes no state estate or inheritance tax. Federal estate tax applies only if the gross estate exceeds the basic exclusion amount, which the IRS lists at $15,000,000 per individual for 2026.9Internal Revenue Service. What’s New – Estate and Gift Tax Estates below that threshold owe no federal estate tax.
Married couples can effectively double the exclusion through portability. If the first spouse to die does not use the full amount, the surviving spouse can claim the remainder by filing a timely estate tax return for the deceased spouse, even if the estate would not otherwise be required to file.9Internal Revenue Service. What’s New – Estate and Gift Tax For estates above the threshold, the executor files IRS Form 706 and pays any tax due. The top federal rate is 40%.
The Probate Process
Probate begins when the executor files the will with the probate court in the county where the decedent lived. If the will meets Alabama’s requirements, the court admits it and issues letters testamentary to the executor, granting authority to access bank accounts, manage property, pay debts, and distribute assets.10Justia Law. Alabama Code 43-2-29 – Grant of Letters Testamentary After Revocation of Letters of Administration The executor, called a personal representative in Alabama’s probate code, has fiduciary duties to inventory assets, notify creditors, pay valid claims, file the decedent’s final income tax return, and distribute what is left to the beneficiaries.
Executor compensation follows a reasonable compensation standard rather than a fixed percentage. The probate court weighs the complexity of the estate, the time spent, and any unusual challenges. Some wills specify compensation directly; when the will is silent, beneficiaries can object if they believe the requested fees are excessive.11Justia Law. Alabama Code 43-2-848 – Compensation of Personal Representative
A straightforward, uncontested estate often wraps up in several months. Contests, creditor disputes, or complex valuations can push the timeline past a year. Once debts and taxes are paid and assets distributed, the executor files a petition for final settlement, the court reviews the accounting, and probate closes.
Small Estate Shortcut
Not every estate needs full probate. Alabama allows a simplified summary distribution for estates under a statutory threshold. The base figure in the statute was $25,000, adjusted annually for inflation by the State Finance Director, and proposed legislation has sought to raise it to roughly $47,000. Because the number changes each year, families with a modest estate should confirm the current figure with the local probate court. Summary distribution is significantly faster and cheaper than formal probate.
Contesting a Will
Someone with a financial stake in the outcome, such as an heir or named beneficiary, can challenge a will either before probate or within 180 days after the will is admitted.12Justia Law. Alabama Code 43-8-215 – Contesting the Probate of a Will Miss that window and the challenge is barred no matter how strong the evidence.
Courts do not overturn wills easily. The contestant has to prove one of the recognized grounds:
- Undue influence, where someone exerted enough pressure or control that the will reflects that person’s wishes rather than the testator’s.
- Lack of testamentary capacity, meaning the testator did not understand what they owned, who their natural heirs were, or the consequences of signing.
- Fraud, such as the testator being told the document was something other than a will.
- Improper execution, meaning the will did not meet Alabama’s statutory signing and witnessing requirements.
These cases often involve medical testimony about the testator’s mental state, handwriting analysis, and accounts from people who interacted with the testator around the time of signing. They are expensive and hard on families, and many settle before trial.
Revoking or Changing a Will
A testator of sound mind can revoke a will at any time. Alabama recognizes two methods. The first is executing a new will that either expressly revokes the old one or is so inconsistent with it that the new one replaces it. The second is physically destroying the will by burning, tearing, canceling, obliterating, or otherwise destroying it with intent to revoke. If someone else does the physical act, it has to happen in the testator’s presence and at the testator’s direction, and be proven by at least two witnesses.13Justia Law. Alabama Code 43-8-136 – Revocation by Writing or by Act
For smaller edits, a codicil amends specific provisions without rewriting the whole will. A codicil has to be executed with the same formalities as the original: in writing, signed by the testator, and signed by two witnesses.2Justia Law. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses Where a codicil conflicts with the original will, the codicil controls on those points. Handwritten notes in the margins are not valid amendments and often create the confusion that leads to litigation. When more than a few provisions need to change, drafting a new will entirely is usually cleaner.