Alabama living trusts & estate documents

Living trust law in Alabama

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Alabama, trusts are governed by the Alabama Uniform Trust Code, Ala. Code §19-3B-101 et seq..

Avoiding probate in Alabama

Probate in Alabama is governed by the Ala. Code Title 43 and handled by the county Probate Court. Probate is in the county probate court.

Alabama's Revised Small Estates Act allows a court-ordered summary distribution of personal property when the estate does not exceed the statutory “small estate amount”: the combined homestead, exempt property, and family allowances, adjusted for inflation (Ala. Code §§ 43-2-690 to 43-2-698, as amended effective October 1, 2025). Alabama has no small-estate affidavit procedure. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Alabama homeowners set one up for that reason.

In Alabama, creditors generally have the later of 6 months after letters or 5 months after the first published notice to file claims against the estate (Ala. Code § 43-2-350), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Alabama

Alabama has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Alabama

A surviving spouse in Alabama who is left out of the will can instead claim an elective share of up to one-third of the estate, offset by the spouse's own separate property under Ala. Code § 43-8-70(a), a protection the will itself cannot override.

Alabama also sets aside a homestead allowance of $15,000 (a base amount that the State Treasurer adjusts for inflation every three years under § 43-8-116) for the surviving spouse, or if there is none the decedent's minor and dependent children (Ala. Code § 43-8-110), exempt from and with priority over all claims against the estate.

Signing your Alabama documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Directive for Health Care in the presence of two witnesses who are at least 19 years of age, who then sign the witness statements (each part of the form that shows witness lines is signed the same way). The person you named as your health care proxy must also sign the acceptance in Section 6 of the directive. If you named an alternate, the alternate signs the second acceptance line. The eligibility rules printed on the form govern who may serve.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Alabama. Follow those as the authoritative guide.

Serving all of Alabama

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