Alabama

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.

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

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

Alabama's Small Estates Act provides a simplified probate process for estates that meet certain value criteria. This act allows for the summary distribution of personal property without the need for full probate proceedings, making the process faster and less expensive for qualifying estates.

Petition for Summary Distribution

To take advantage of the Small Estates Act, a petition for summary distribution must be filed with the probate court. This petition must be submitted within five years of the decedent's death and include a description of the personal property constituting the estate and its value. It must also confirm that no petition for the appointment of a personal representative is pending or has been granted.

• –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.

How long does probate take in Alabama?

A straightforward Alabama probate typically runs 6–12 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 ↗

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 does not 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?

The controlling law is Alabama Department of Public Health, linked as this section's source. Most people use the free statutory form: Alabama's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

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

Alabama requires 2 adult witnesses; notarization is not 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 is 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). Additionally, 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, starting with written designations, then surviving spouse, adult children, parents, and so on.
• –Disagreements among individuals with equal priority regarding disposition can be escalated to the probate court, potentially delaying the process.

Burial Requirements

Alabama law does not mandate a casket for burial. However, cemeteries may have their own rules and regulations regarding burial containers. It is advisable to check with the specific cemetery for their requirements.

At a Glance

No State Estate Tax

Alabama does not 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 will not 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 does not 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 One Big Beautiful Bill Act (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 Uniform Anatomical Gift Act (UAGA), which governs the donation of organs, eyes, and tissues. This act allows individuals aged 18 or older and of sound mind to make an anatomical gift of their body or parts for transplantation, therapy, research, or education during their lifetime.

• –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 has not made a prior designation.

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. Recent legislative efforts have also focused on increasing insurance protections and extending time off for living organ donors.