About Alabama,
Alabama is a common-law property state. A surviving spouse's intestate share changes when a parent survives, when all children are shared, or when the decedent left a child from another relationship.
Alabama follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Alabama intestate law (Ala. Code § 43-8-41) determines your share. The small-estate threshold is $51,175 for summary distribution beginning July 1, 2026, based on the combined current homestead, exempt-property, and family allowances; subject to annual CPI adjustment., and typical probate takes 6-12 months for a typical estate..
Alabama does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Alabama classifies marital property and what a surviving spouse typically receives if there is no will.
How Alabama Classifies Marital Property
Common Law (Equitable Distribution) (Ala. Code § 30-2-51)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate if no surviving issue or parents of decedent; if no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate. |
| Children from marriage | If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate. |
| Children from prior relationship | If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. |
The lesser of: (1) All of the estate of the deceased reduced by the value of the surviving spouse’s separate estate; or (2) One-third of the estate of the deceased.
Deadline to File
- Alabama filing window
- Within six months after the date of death, or within six months after the probate of the decedent’s will, whichever limitation last expires.
Home Protections for Surviving Spouses
For the period beginning July 1, 2026, a surviving spouse is entitled to a $20,475 homestead allowance, which is exempt from and has priority over estate claims. This is in addition to any other share the spouse receives. The value of any constitutional homestead right is charged against this allowance. (Ala. Code § 43-8-110)
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $51,175 for summary distribution beginning July 1, 2026, based on the combined current homestead, exempt-property, and family allowances; subject to annual CPI adjustment. |
| Typical probate timeline | 6-12 months for a typical estate. |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Alabama does not have a state estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Alabama-Specific Rules
The elective share is reduced by the value of the surviving spouse's separate estate.
Alabama Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Alabama
Reviewed August 3, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Alabama.
- Is Alabama a community property state?
- Alabama is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (Ala. Code § 30-2-51)
- What does a surviving spouse inherit without a will in Alabama?
- No children: Entire estate if no surviving issue or parents of decedent; if no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate. With children: If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate. Stepchildren or children from a prior relationship: If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
- What is the elective share right in Alabama?
- The lesser of: (1) All of the estate of the deceased reduced by the value of the surviving spouse’s separate estate; or (2) One-third of the estate of the deceased. Deadline: Within six months after the date of death, or within six months after the probate of the decedent’s will, whichever limitation last expires.
- What is the small-estate threshold in Alabama?
- $51,175 for summary distribution beginning July 1, 2026, based on the combined current homestead, exempt-property, and family allowances; subject to annual CPI adjustment.. Typical probate timeline: 6-12 months for a typical estate.
- Does Alabama have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Alabama does not have a state estate tax or inheritance tax.
- What deadlines matter most for widows in Alabama?
- Probate filing: Within 5 years of death; Elective share: 6 months from date of death or admission of will to probate; Creditor claims: 6 months from the grant of letters testamentary or of administration.
- What is Alabama's current summary-distribution ceiling?
- For the period beginning July 1, 2026, the $20,475 homestead allowance, $10,225 exempt-property allowance, and $20,475 family allowance total $51,175. Alabama's summary-distribution statute uses the combined allowances rather than a permanent flat cap.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Alabama.
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