Alabama charges no state estate tax and no inheritance tax, so most families only need to think about the federal estate tax, which applies above $15 million per person in 2026. A valid Alabama will must be in writing, signed by the testator, and witnessed by at least two people.
A complete Alabama estate plan typically includes a will, a durable power of attorney, and an Advance Directive for Health Care, with trusts added for privacy, probate avoidance, or asset protection. FastWill's online will builder covers Alabama's witness requirements and can help you decide whether a trust fits your situation.
Does Alabama Have an Estate Tax or Inheritance Tax
No. Alabama has no state estate tax and no inheritance tax, so beneficiaries owe nothing to the state of Alabama for what they inherit. The only tax that can reach an Alabama estate is the federal estate tax, which applies only above $15 million per person in 2026. For nearly all Alabama households, that means no estate tax planning is needed beyond keeping your documents current.
How to Make a Valid Will in Alabama
Under Code of Alabama 43-8-131, a will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the testator acknowledge the signature or the will. Alabama does not recognize unwitnessed handwritten wills, so a holographic will without proper witnesses is generally not valid here. Alabama does allow a will to be made self-proving, which lets witnesses skip testifying in person during probate.
- Be 18 or older and of sound mind
- Put the will in writing (Alabama does not accept unwitnessed handwritten wills)
- Have at least two witnesses sign after seeing the signing or hearing your acknowledgment
- Name an executor and, if you have minor children, a guardian
What Happens if You Die Without a Will in Alabama
Without a valid will, Alabama law decides who inherits through intestate succession, generally starting with a surviving spouse and children and moving outward to parents and siblings if there are none. Alabama also offers a small estate affidavit process, allowing personal property valued under a set threshold to be claimed by affidavit roughly 30 days after death, without full probate, though real property is excluded from this process.
Trusts and Probate in Alabama
Alabama probate for an uncontested estate commonly runs 9 to 15 months, with a required creditor claim period that sets much of that minimum timeline. A revocable living trust lets assets bypass this process entirely, which can matter for families who want privacy or who own real estate in more than one state. Alabama also provides a surviving spouse with a homestead allowance and other statutory allowances that apply regardless of what the will says, a detail worth knowing if you are planning for a blended family.
For many Alabama households, a will combined with joint ownership, payable-on-death designations, and up-to-date beneficiary forms covers what a trust would otherwise do. See our guide to the difference between a will and a trust for a full comparison.
Powers of Attorney and Health Care Decisions
An Alabama Financial Power of Attorney can be durable (remaining effective through incapacity), springing (activating only upon a specific event), or limited to a particular task or time period. Alabama combines a living will and a health care power of attorney into a single Advance Directive for Health Care, which records your treatment preferences and names someone to make medical decisions if you cannot.
If you have moved to or from Alabama, review our guide on updating your will, trust, and power of attorney after a move, since witness requirements are not the same in every state.
Digital Assets and Personal Property in Alabama
An Alabama estate plan should also address digital assets, such as online banking, cryptocurrency, email, and social media accounts. Alabama has adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, giving your executor a legal path to access certain accounts when your will or a platform's own tools grant that authority. Store a secure, separate list of accounts and instructions for your executor, since the will itself becomes part of the public probate record once filed.
Frequently Asked Questions
Does Alabama recognize handwritten wills
No. Alabama does not have a holographic will exception, so a will needs to be properly witnessed by at least two people to be valid.
Does Alabama have an inheritance tax
No. Alabama has no inheritance tax and no state estate tax.
What is Alabama's small estate affidavit
It is a simplified process that lets heirs claim personal property under a set dollar threshold by affidavit about 30 days after death, without going through full probate. Real property does not qualify.
How long does Alabama probate take
An uncontested Alabama probate typically takes 9 to 15 months, largely because of the required 6 month creditor claim period.
Does an Alabama surviving spouse get anything automatically
Yes. Alabama law provides a surviving spouse with a homestead allowance and other statutory allowances regardless of what the will provides.
A properly witnessed will, the right powers of attorney, and a clear plan for real estate cover most Alabama estate planning needs. See FastWill's plans and pricing to find your starting point.
