How Probate Works After a Death in Alabama

Alabama’s probate system has two genuinely distinctive features worth knowing, plus a small estate process that changed significantly in 2025.

Does an Alabama probate judge need to be a licensed attorney?

Not in every county - a distinctive feature compared to most states. In many Alabama counties, the probate judge is not required to be a licensed attorney, generally in the state’s less populous counties.

What changed with the 2025 reform?

The Revised Alabama Small Estates Act, effective October 1, 2025, significantly overhauled Alabama’s summary distribution process. Rather than the older figure adjusted simply by the Consumer Price Index, the threshold is now tied to the combined homestead allowance, exempt property allowance, and family allowance - working out to approximately $47,000 for 2026, adjusting again each March. See our companion piece explaining this process in more depth.

Does the summary distribution process cover real estate?

No, and this is stricter than most states covered in this series: if the deceased owned any real property in their own name, summary distribution is unavailable entirely - not just excluded from the dollar calculation, but disqualifying the whole estate from using this simplified process at all.

How does Alabama handle vehicle titles?

Alabama is unusual in that the county probate court handles both estate administration and vehicle title transfers - there’s no separate DMV office for this specific paperwork.

Does Alabama have a state estate or inheritance tax?

No - Alabama has no state estate or inheritance tax. Only the federal estate tax can apply, and only to estates exceeding the federal exemption threshold.

What should I do next?

Confirm the current allowance-based threshold with the county Probate Court, since the figure moves with the allowances on a schedule set by the State Treasurer. If the deceased owned any real property, plan for full probate from the start, since summary distribution is off the table entirely regardless of how modest the rest of the estate is.

Add this to your Final Day Plan: whether you own any real property in your own name - it’s the single detail that determines whether your family can use Alabama’s simplified summary distribution process at all.

Alabama law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Alabama-licensed attorney for guidance specific to your situation.