Estate Law · Alabama
Alabama estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Alabama residents.
- Alabama intestacy gives the spouse the first $50,000 plus one-half of the remaining estateAL intestacy: spouse takes $50,000 plus half with mutual descendants; one-half with prior-relationship descendants. Larger shares without descendants.
- Alabama requires two witnesses for will execution, no holographic recognitionAlabama will requires testator's signature and two competent witnesses signing in the testator's presence. No holographic wills recognized.
- Alabama summary distribution handles personal property up to $32,047 without probateAlabama summary distribution handles personal property up to ~$32,047 (indexed) without formal probate.
- Alabama's Uniform Power of Attorney Act provides default-durable POAsAlabama POAs are durable by default under the Uniform Power of Attorney Act (2012). Hot powers require express enumeration. Healthcare POA is separate.
- Alabama provides layered family protections through homestead, family allowance, and exempt propertyAlabama provides layered family protections: $15,000 homestead allowance, $15,000 family allowance, $7,500 exempt property. Overrides creditors and will.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Alabama attorney.