Alabama
Death Laws & End-of-Life Guide

At a Glance

Filing Requirements

In Alabama, a certificate of death must be filed with the Office of Vital Statistics within five days of the death. The funeral director or person acting as such is responsible for obtaining personal and statistical data and forwarding the certificate for medical certification.

• -The funeral director or person acting as the funeral director who first assumes custody of the dead body shall file the certificate of death.
• -The physician in charge of the patient's care for the illness or condition that resulted in death shall complete and sign the medical certification within 48 hours after receipt of the certificate.

Confidentiality and Access

By Alabama law, death certificates are confidential records with restricted access for 25 years from the date of death. During this period, access is limited to immediate family members, legal representatives, or the informant listed on the certificate. After 25 years, death certificates become public records and may be obtained by anyone.

No disposition date on the certificate.

Since October 1, 2026, an Alabama death certificate can't include a date of disposition (Ala. Code § 22-9A-6(a)(2)). Don't count on the certificate to show when the burial or cremation happened.

Source: Act 2026-315 (HB 289), Alabama Legislature ↗

Who can order a death certificate in Alabama?

Death certificates are restricted for 25 years from the death; after that anyone can order one. Until then: the mother or father, husband or wife, son or daughter, sister or brother, a grandchild who shows entitlement, the legal representative of the family or estate, or the informant listed on the certificate, with identification. Certified copies come from Alabama's Center for Health Statistics, Alabama Department of Public Health; any county health department issues certified copies, usually while you wait, in person at any county health department, by mail to the Center for Health Statistics, or online or by phone through VitalChek.

How do I get a death certificate in Alabama?

Order certified copies from Alabama's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Alabama?

$15 per certified copy in Alabama, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

Alabama Small Estates Act

The Revised Alabama Small Estates Act lets the probate court distribute a decedent's personal property in a summary proceeding, with no personal representative appointed. It covers personal property only. If the decedent owned real property at death that doesn't pass by operation of law, this route is closed and the estate needs full administration.

Source: Mobile County Probate Court: Revised Alabama Small Estates Act ↗Source: Alabama State Treasurer: Consumer Price Index adjustments ↗

Petition for Summary Distribution

A person entitled to an interest in a small estate files a verified petition with the judge of probate in the county where the decedent was domiciled at death. No bond is required. If the decedent left a self-proved will, it gets filed with the petition. Notice of the filing is published once in a newspaper of general circulation in that county, or posted at the courthouse for a week if there's no such newspaper, and the petitioner has to notify the Alabama Medicaid Agency. The court can't order distribution until 30 days have passed since both the publication and the Medicaid Agency's notice.

• -The decedent died domiciled in Alabama, in the county where the petition is filed.
• -The decedent's estate is a small estate.
• -A description of the personal property constituting the decedent's estate and its value.
• -No petition for the appointment of a personal representative is pending or has been granted.
• -All funeral expenses and claims against the estate are paid, or arrangements to pay them out of the estate have been made.

Handwritten wills.

Alabama doesn't accept a will just because it's in the person's own handwriting. Every will needs the signatures of at least two people who watched the person sign it or heard them acknowledge it (Ala. Code § 43-8-131). A will that was valid under the law of the place it was signed, or of the place the person lived when they signed it or died, is valid in Alabama (§ 43-8-135).

Source: Ala. Code §§ 43-8-131, 43-8-135 (Alabama Legislature) ↗

How long does probate take in Alabama?

A straightforward Alabama probate typically runs 6 to 12 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Alabama?

$47,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Alabama?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Alabama allow transfer-on-death deeds?

No. Alabama has no transfer-on-death deed statute. Alabama has no TOD deed; a living trust or joint ownership with right of survivorship does the same job here.

Source: legislative record ↗

Time off work after a death in Alabama

Alabama doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. Nobody in the private sector. The state rule covers only state Merit System employees and legislative personnel, and even for them it is discretionary (may be granted).

How much. 0 required for private employees. State employees: up to 3 paid days per occurrence, only if they have no accrued sick leave, and the days must be repaid with other leave within a year.

Paid or unpaid. Not applicable for private employees. The state-employee leave is paid but must be reimbursed with sick, annual, or personal leave days; unpaid balances come out of the final paycheck.

Federal law doesn't require bereavement leave either. The U.S. DOL funeral leave page (dol.gov/general/topic/benefits-leave/funeral-leave) says verbatim: 'The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including attending a funeral.' FMLA does not list a death as a qualifying reason. Alabama quirk: even the state-employee version is a loan, not a benefit. The employee gets up to 3 paid days only when their sick leave is empty, then owes those days back within a year.

Source: No statute for private employers. The only bereavement provisions in Alabama law are Ala. Code § 36-26-36.3 and Ala. Admin. Code r. 670-X-15-.07, which cover state Merit System employees and legislative personnel only, and are permissive. ↗

Can I leave money to care for my pet in Alabama?

Yes. Alabama enforces pet trusts under Ala. Code § 19-3B-408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Alabama puts no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal could plausibly need. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise to whoever inherits from you. Alabama covers only an animal that was alive at some point while you were, so a pet your family takes in after you die isn't protected by the same trust. Name a caretaker and a backup in the trust itself; the statute won't pick one for you.

Source: Ala. Code § 19-3B-408

How to set one up, and what it costs →

Die without a will in Alabama and this law picks your heirs.

If you die intestate (without a valid will) in Alabama, Ala. Code §§ 43-8-40 to 43-8-58 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants or parents): entire estate
• -Spouse + parents (no descendants): first $100,000 plus 1/2 of the balance; parents take the rest
• -Spouse + joint descendants: first $50,000 plus 1/2 of the balance; children take the rest
• -Spouse + blended family: spouse takes 1/2 of the estate; the decedent's children take the other half
• -Source: Ala. Code §§ 43-8-41, 43-8-42, 43-8-44

Children's shares.

The children take the whole estate in equal shares, and a deceased child's descendants take that child's share by representation.

No spouse, no children: the line of succession.

After descendants come the parents, then siblings and their descendants, then grandparents, aunts, and uncles in paternal and maternal halves; if none of these exist, the estate escheats to the State of Alabama (§ 43-8-44).

At a Glance

Living Will and Health Care Proxy

In Alabama, individuals can create an Advance Directive for Health Care to make their wishes known regarding medical treatment if they become unable to speak for themselves. This document can include a Living Will, specifying desired medical care in terminal or permanently unconscious states, and the appointment of a Health Care Proxy.

Scope of Authority for Health Care Proxy

A Health Care Proxy, also known as a durable power of attorney for health care, is authorized to make medical decisions on behalf of the individual. The advance directive allows the individual to specify whether the proxy should strictly follow the written directions, follow directions and make decisions on uncovered matters, or have the final decision-making authority even if it differs from the written directions.

Where do I get Alabama's advance directive form?

Start with Alabama Department of Public Health, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does Alabama require a notary or witnesses for an advance directive?

Alabama requires 2 adult witnesses; notarization isn’t required. Anyone 19 or older of sound mind can make one.

At a Glance

Cremation Waiting Period

Alabama law generally prohibits cremation within 24 hours of the time of death. There's a narrow exception for certain infectious, contagious, or communicable diseases, where the waiting period may be waived by the appropriate medical or public health authority if the disease is verified and a waiver is granted.

Cremation Authorization and Identification

For cremation to proceed in Alabama, a completed cremation authorization form must be signed by the 'authorizing agent' (typically the next of kin). Also, a state identification form must accompany the deceased throughout all phases of transport and cremation to ensure proper identification and chain of custody.

• -The authorizing agent follows a priority order established by Alabama law: written designations, then surviving spouse, adult children, grandchildren, parents, then siblings (Ala. Code 34-13-11(a)). With more than one person at a level, a majority of that level decides.
• -Disagreements among individuals with equal priority regarding disposition can be escalated to the probate court, potentially delaying the process.

Burial Requirements

Alabama law doesn't mandate a casket for burial. However, cemeteries may have their own rules and regulations regarding burial containers. Check with the specific cemetery for its requirements.

Who decides what happens to the body in Alabama

Alabama sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. designated agent on DD Form 93 (decedent died on active duty)
2. designated agent (notarized affidavit under § 34-13-11(a)(2))
3. surviving spouse
4. sole surviving child, or a majority of surviving children (less than a majority may act after reasonable notice with no known opposition from a majority)
5. sole surviving grandchild, or a majority of surviving grandchildren (same less-than-majority rule)
6. surviving parent or parents (one parent alone if the other cannot be located)
7. surviving sibling, or a majority of surviving siblings (same less-than-majority rule)
8. surviving grandparent, or a majority of surviving grandparents (same less-than-majority rule)
9. guardian of the decedent at the time of death
10. personal representative of the estate
11. next degree of kinship under descent and distribution (any one person of that degree may act)
12. public officer, administrator, or employee responsible when disposition is the state's or a subdivision's responsibility
13. any other willing person, including the funeral director with custody, after attesting in writing that good faith efforts to reach everyone above failed

Naming someone in advance. A standalone notarized affidavit under Ala. Code § 34-13-11(a)(2)b, whose form is printed in the statute itself. It's a separate instrument, not the advance directive, and it can have written disposition directions attached that the designee must substantially comply with. For anyone who dies on active duty, the DD Form 93 designation outranks the affidavit.

When the same tier disagrees. Under § 34-13-11(c) the judge of probate of the decedent's county of residence may award the right of disposition to whoever the judge finds most fit and appropriate. If two or more people with an equal right can't agree by majority vote, any of them or the funeral establishment holding the remains may petition the probate judge, who weighs five listed factors: the reasonableness and practicality of the proposed arrangements, the degree of personal relationship with the decedent, each person's financial ability and willingness to pay, the convenience and needs of other family and friends, and the desires of the decedent.

The right is forfeited and passes down the list if the person is charged with murder or manslaughter in the decedent's death and the mortician knows it (reinstated on dismissal or acquittal), if they don't act within two days of notice or three days of death (whichever comes first), if they're a spouse with a divorce petition pending, or if the probate judge finds they were estranged from the decedent, which the statute defines as a physical and emotional separation that has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard. Paying for the funeral buys no extra say, and neither does being the personal representative.

Source: Ala. Code § 34-13-11 (Authorizing Agent; Right of Disposition), as last amended by Act 2022-339, § 1

If you can't afford the funeral in Alabama

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. County burial. Alabama has no statewide funeral fund. The county where the death happened. In Jefferson County it's the Coroner/Medical Examiner's Office; in Mobile County it's the county Indigent Burial program.

What it pays. Not published. No Alabama county page publishes a dollar figure. Ala. Code § 38-8-2 makes the "necessary burial expenses" a charge on the county, and the county commission pays the bill when the account is presented.

What disqualifies you. The person has to have died in that county, with no estate and no relatives in the county able to pay. Jefferson County requires the Coroner/Medical Examiner to find the person indigent or unclaimed, and it provides burial only, no cremation, embalming, or memorial service. Mobile County requires that the person died in Mobile County, that neither the person nor the next of kin owns real property there, and it reviews insurance, income, property, and assets against federal poverty guidelines. A prepaid burial plan, a burial plot, or burial insurance disqualifies you in Mobile County.

The official page ↗

2. If the death was caused by a crime. $5,000 maximum for funeral, cremation, or burial for crimes on or after July 9, 2020, under Ala. Admin. Code r. 262-X-4-.04(5). Sub-caps inside that: $1,000 for a headstone, $250 for funeral flowers, $200 for burial clothes. Food isn't counted as a funeral expense. The whole claim, all categories combined, can't exceed $15,000. The same rule shows the cap was $7,000 for crimes from October 1, 2014 through July 8, 2020, so ask the Commission what applies to your date.

Alabama crime victim compensation ↗

3. Money the person was already owed. Search Alabama's unclaimed property before you borrow anything. Searching and claiming are free.

Alabama unclaimed property ↗

Call the county where the person died. Not the county where you live. Alabama runs this county by county, and the statute that makes it a county bill, Ala. Code § 38-8-2, ties it to the county where the death took place. No Alabama county publishes an amount. What they publish is what they'll actually do. Jefferson County buries the person at the Jefferson County Cemetery in Morris. It won't pay for cremation, embalming, or a memorial service. The death has to have happened in Jefferson County, and the Coroner/Medical Examiner's Office has to find the person indigent or unclaimed. You apply online through the coroner's portal and a deputy coroner contacts you. Family and friends can attend the burial if you say so on the application. For grave visits later, Jefferson County General Services is at 205-849-2350. Mobile County pays for cremation unless religion prohibits it. The person has to have died in Mobile County, and neither the person who died nor the next of kin can own real property in the county. The county checks insurance, income, property, and assets against federal poverty guidelines. A prepaid burial plan, a burial plot, or burial insurance makes the case ineligible. Next of kin there means surviving spouse, parents, adult children, and adult siblings. Ask for the Application for Indigent Burial, then send it with your documents by email or fax. Email indigentburial@mobilecountyal.gov or call 251-574-5980. If your county isn't Jefferson or Mobile, call the county commission office and ask who handles indigent burials. The rules and the paperwork are set locally. If the person died because of a crime, apply to the Alabama Crime Victims Compensation Commission. The administrative rule caps funeral, cremation, and burial at $5,000 for crimes on or after July 9, 2020, with $1,000 of that for a headstone, $250 for flowers, and $200 for burial clothes. Food isn't covered. Everything you claim, including medical and lost wages, has to fit inside a $15,000 total. The Commission pays only what no other source covers, and charitable donations don't count as another source, though an expense already paid with donated money won't be reimbursed. The cap has moved before, so ask which figure applies to the date of the crime. Then check for money the person was already owed. Alabama's unclaimed property is held by the Office of the State Treasurer and searched free at unclaimed.alabama.gov. Filing a claim costs nothing.

At a Glance

No State Estate Tax

Alabama doesn't impose a state estate tax or inheritance tax. The state eliminated its estate tax in 2005. Therefore, regardless of the value of an individual's property, their estate won't be subject to a state-level estate tax.

Does Alabama have an estate tax?

No. Alabama has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Alabama have an inheritance tax?

No. Alabama doesn’t tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Uniform Anatomical Gift Act

Alabama has adopted the Revised Uniform Anatomical Gift Act (UAGA), which governs the donation of organs, eyes, and tissues. Adults, emancipated minors, and minors old enough to apply for a driver's license (16 or older) can make an anatomical gift of their body or parts for transplantation, therapy, research, or education (Ala. Code § 22-19-163(1)).

• -An anatomical gift may be made by a donor by authorizing it on their driver's license or state identification card.
• -The UAGA also outlines who may make an anatomical gift of a decedent's body or part if the individual hasn't made a prior designation.

Your family can't override an adult donor's decision.

A registered anatomical gift is legally binding. Nobody else can make, amend, or revoke it after your death (Ala. Code § 22-19-167(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Ala. Code § 22-19-167(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Promotion and Protections for Donors

The Alabama State Law Enforcement Agency is mandated to implement a program promoting organ donation through the driver's license application or renewal process. That counter is where most Alabamians make the choice, so the box you check there is the record that gets used.

Living donors.

Since October 1, 2026, the Alabama Living Donor Protection Act bars a life, disability, or long-term care insurer from declining or limiting coverage, or changing price or terms, solely because someone is a living organ donor when the donation adds no actuarial risk. An insurer also can't make a policy renewal depend on not donating. The same act lets state, county, municipal, and other public employers grant a permanent employee with at least a year of service paid leave to donate: up to 30 days for an organ and up to 7 days for bone marrow. The employee asks in writing with written verification from the physician doing the procedure, and county, municipal, and other public employers can't retaliate for the request. It's a separate kind of leave that doesn't use up other leave. (Act 2026-559.)

Source: Act 2026-559 (HB 361), Alabama Legislature ↗