Alabama
Alabama Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 7 primary sources cited on this page. How we verify our legal content
Alabama probate cases go to the Probate Court in the county where the deceased lived, one of 67 courts led by an elected Judge of Probate serving a six-year term. Unlike many states, Alabama specifically declined to adopt the Uniform Probate Code's formal and informal procedure tracks.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in Alabama
Alabama's probate statutes sit in Title 43 of the Alabama Code, formally called the Probate Code, but Alabama specifically declined to adopt the modern Uniform Probate Code's informal, formal, and supervised administration tracks when it revised its probate law in 1982. That means Alabama does not offer the registrar-only "informal probate" shortcut available in states that follow the UPC model. Every full estate administration in Alabama starts the same way: someone petitions the county Probate Court for Letters Testamentary, if a will names an executor, or Letters of Administration, if there is no will or the named executor cannot serve. Ala. Code § 12-13-1 gives the Probate Court jurisdiction to grant these letters.
When no will names an executor, or the will fails, Alabama law sets a fixed priority order for who the court appoints as administrator: the surviving spouse has first priority, followed by the next of kin entitled to share in the estate, then the largest creditor residing in Alabama, and finally any other person the court finds fit to serve.
Most of Alabama's 67 counties handle probate matters exclusively in the Probate Court. A handful of counties, including Jefferson, Mobile, Shelby, Pickens, and Houston, share concurrent jurisdiction over estate administration with the Circuit Court, either by local act or by a population-based constitutional amendment covering counties of roughly 300,000 to 500,000 residents. In those counties, an estate can sometimes be administered in either court depending on how it was filed.
Alabama law also sets a statutory floor on how quickly an estate can close. Under Ala. Code § 43-2-350, creditors have until 6 months after the grant of letters, or 5 months from the first publication of notice to creditors, whichever is later, to present a claim against the estate, with creditors who receive actual notice getting 30 days from that notice. In practice, simple Alabama estates without real property often close in 6 to 9 months, estates involving real property commonly take 9 to 15 months, and contested or complex estates, particularly in Jefferson or Shelby County, can run 1 to 3 years or longer.
Because Alabama has no informal registrar track, even a straightforward, uncontested estate still requires the Probate Court's involvement at each major step: appointing the personal representative, approving the inventory, and approving the final settlement. This does not necessarily mean Alabama probate takes longer than a UPC state's formal track. It means Alabama does not offer the option to skip a hearing entirely the way some UPC states do for uncontested cases.
Intestate Succession in Alabama: Who Inherits Without a Will
When someone dies without a valid will in Alabama, Ala. Code §§ 43-8-41 and 43-8-42 control who inherits, and the exact split depends on precisely who survives the decedent.
If the decedent leaves a surviving spouse and no surviving children or parent, the spouse takes the entire estate. If the decedent leaves a surviving spouse and a parent but no surviving children, the spouse takes the first $100,000 of the estate plus half of whatever remains, with the parent or parents taking the rest. If the decedent leaves a surviving spouse and children, and every one of those children is also a child of the surviving spouse, the spouse takes the first $50,000 plus half of the balance, with the children sharing the remainder. But if the decedent leaves a surviving spouse and one or more children from a different relationship, someone the surviving spouse is not the parent of, the spouse's share drops to a flat one-half of the estate, with no separate dollar figure attached, and the children divide the other half.
Whatever portion does not pass to the surviving spouse goes to the decedent's children, called "issue" in the statute, per stirpes, meaning by representation, so that a deceased child's own children step into that child's share.
Alabama is a common-law, separate-property state, not one of the nine community-property states. That means a surviving spouse in Alabama does not already own half of property acquired during the marriage the way a spouse in Arizona or California does. The entire intestate share described above is assigned directly by the statute, not carved out of a pre-existing ownership interest.
If no spouse survives, the decedent's parents inherit the entire estate equally under Ala. Code § 43-8-42, or all of it to the surviving parent if only one is living. If no spouse, children, or parent survives, the estate passes to the issue of the decedent's parents, meaning siblings and, by representation, the children of any deceased sibling. If none of those relatives survive either, but a grandparent or a grandparent's descendant does, the estate splits evenly between the paternal side and the maternal side of the family.
One way to make sure your property goes to the people you actually choose, rather than following Alabama's intestate succession order, is to have a valid will in place. recordinglaw.com's free Alabama Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in Alabama
Alabama's Revised Alabama Small Estates Act, effective October 1, 2025, governs a simplified "summary distribution" process under Ala. Code §§ 43-2-690 et seq. that lets a small estate's personal property move to heirs without a full administration. For thresholds, waiting periods and forms, see our guide to the Alabama small estate affidavit.
The dollar threshold is not a single flat figure. It is the sum of the homestead allowance under Ala. Code § 43-8-110, the exempt property allowance under § 43-8-111, and the family allowance under §§ 43-8-112 and 43-8-113, each adjusted for inflation by the State Treasurer under § 43-8-116. That adjustment runs on a three-year cycle, not an annual one: § 43-8-116 directs the Treasurer to adjust the amounts on July 1, 2017 and at the end of each 3-year period after that, rounded to the nearest $25, with each new set applying to exemptions claimed on or after the following April 1.
The Treasurer's published amounts for exemptions claimed on or after April 1, 2024 are $18,800 in homestead allowance, $9,400 in exempt personal property, and $18,800 in family allowance, a combined small estate amount of $47,000. The July 1, 2026 adjustment raises those to $20,475, $10,225, and $20,475, a combined $51,175, but that set does not take effect until exemptions claimed on or after April 1, 2027. Note that the base figures written into the statutes themselves, $15,000 and $7,500, are the un-indexed 1982 amounts; the Treasurer's published table is the one that controls. Confirm the figure in force against that table or with the local Probate Court before relying on it.
Real property does more than sit outside the process; it can disqualify the estate outright. Ala. Code § 43-2-691(2) defines the qualifying estate as all the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law. So a decedent who held real estate in a form that does not transfer automatically, a solely titled house being the common case, leaves no small estate to distribute at all, and the family needs a full administration rather than a summary distribution of the personalty. Real property that does pass by operation of law, such as a jointly held home with a right of survivorship, does not itself close the door, and where the route is available it still reaches only personal property. To use the process, no personal representative can already be appointed or have a pending petition, funeral expenses must be paid or arrangements made for payment, and at least 30 days must have passed both since notice was filed and published and since the Alabama Medicaid Agency received notice of the filing, since Medicaid has a right to seek reimbursement from some estates. The petition is a sworn filing with the Probate Court, and the judge issues an order or supporting affidavit that the petitioner then presents to banks or other asset holders, so the process is faster and cheaper than full administration but still involves the court, unlike a purely self-executing affidavit used in some other states. Summary distribution is not available if a minor child who is not also the surviving spouse's child survives the decedent. Only the surviving spouse may file the petition if one exists; otherwise, any distributee entitled to share in the estate may do so.
Preparing the Summary Distribution Petition
Ask the county Probate Court which petition it expects for a summary distribution and work from that. If the petition is a PDF, PDFelement, a paid program you do not need for the filing, can fill in its fields, edit text, and convert a scanned copy into editable text. Because the petition is a sworn filing, an e-signature in PDFelement does not swear to it for you or replace any notary step the Probate Court requires.
Learn About PDFelementAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Does Alabama Have an Estate or Inheritance Tax?
Alabama has neither a state estate tax, which was repealed in 2005, nor a state inheritance tax, according to the Alabama Department of Revenue. Only the federal estate tax can apply to an Alabama estate, and its 2026 exemption of $15 million per individual, effectively $30 million for a married couple through portability, means it affects only the largest estates in the state.
Do You Need a Probate Attorney?
Many straightforward Alabama estates, particularly ones that qualify for summary distribution, can be handled without hiring a probate attorney. An attorney is worth engaging when a will is likely to be contested, when the estate includes a business interest with real valuation questions, when the family is blended in a way that creates gaps intestate succession does not cover, such as stepchildren who were never legally adopted, or when the estate is large enough to raise a genuine federal estate tax question. With no informal probate track in Alabama, even a simple estate may justify counsel, so get a free case evaluation from an Alabama probate lawyer on the creditor notices and court hearings (attorney advertising).
For a look at how these same questions play out in other states, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession in Alabama as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Alabama, particularly for a contested estate, a business interest, a blended family, or an estate large enough to raise a federal estate tax question. Figures, thresholds, and program details change; verify current details directly with the Alabama Probate Court or the Alabama Department of Revenue before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More Alabama Laws
- Alabama Child Custody Laws
- Alabama Divorce Laws
- Alabama Power of Attorney Laws
- Alabama Unclaimed Property
Frequently Asked Questions
What happens if you die without a will in Alabama?
You die intestate, and Ala. Code §§ 43-8-41 and 43-8-42 decide who inherits. A surviving spouse's share ranges from the entire estate to a flat one-half, depending on whether a parent or children survive and whether any surviving children are also the spouse's children.
Does Alabama have an inheritance tax?
No. Alabama has no state inheritance tax and no state estate tax, according to the Alabama Department of Revenue. Only the federal estate tax, with a $15 million per-person exemption in 2026, can apply, and it reaches very few estates.
What is Alabama's small estate threshold?
Alabama's summary distribution process under Ala. Code §§ 43-2-690 et seq. covers personal property up to the combined homestead, exempt property, and family allowance figure. The State Treasurer's published amounts for exemptions claimed on or after April 1, 2024 total $47,000: $18,800 homestead, $9,400 exempt personal property, and $18,800 family allowance. Ala. Code § 43-8-116 adjusts these every three years rather than annually, and the July 1, 2026 adjustment raises the combined figure to $51,175 for exemptions claimed on or after April 1, 2027. A decedent who owned real property that does not pass by operation of law has no qualifying small estate at all.
Does Alabama use informal probate?
No. Alabama specifically declined to adopt the Uniform Probate Code's informal and formal track system, so every full estate goes through the county Probate Court's standard petition process rather than a registrar-only shortcut.
How long does probate take in Alabama?
Ala. Code § 43-2-350 sets a creditor claims period of 6 months after the grant of letters or 5 months from first publication of notice, whichever is later, creating a practical floor of roughly 6 months even for simple, uncontested estates.
Who inherits in Alabama if there is no spouse or children?
Under Ala. Code § 43-8-42, the decedent's parents inherit the entire estate equally, or all of it to a surviving parent alone. If no parent survives, siblings and their descendants inherit by representation.
Is Alabama a community property state?
No. Alabama is a common-law, separate-property state. A surviving spouse's intestate share is set entirely by the formula in Ala. Code § 43-8-41 rather than by a pre-existing ownership interest in marital property.
Updates
Corrected the Alabama small estate section: the homestead, exempt property and family allowance amounts are adjusted every three years rather than annually, the three current amounts that make up the $47,000 combined figure are now stated individually, and the page now explains that a decedent who owned real property not passing by operation of law has no qualifying small estate at all.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Alabama 1975, Title 43: Wills and Decedents’ Estates.
§ 43-8-41Share of the Spouse.In force
The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is 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; (3) 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; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- State ex rel. Alabama Policy Institute (Supreme Court of Alabama 2015, 200 So. 3d 495)“…laws governing intestate distribution, the spousal share, Ala.Code § 43-8-41, and the share of pretermit-ted childre…”
- Reynolds v. Reynolds (Court of Civil Appeals of Alabama 2002, 837 So. 2d 847)“…use's share is exempt from claims against the estate. See Ala.Code 1975, § 43-8-41. The dispute in Moss arose becaus…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-8-42Share of Heirs Other Than Surviving Spouse.In force
The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his or her parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Scroggins v. Johnson (Court of Civil Appeals of Alabama 2004, 907 So. 2d 1059)“…he father pursuant to the statute of distributions, i.e. , Ala. Code 1975, § 43-8-42 (2) (providing that an intestate estate…”
- Carter v. Beaver (Supreme Court of Alabama 1991, 577 So. 2d 448)“…ution of proceeds received from such an action, in light of Ala. Code 1975, § 43-8-42 , which governs the distribution of an…”
- Pirtle v. Tucker (Supreme Court of Alabama 2006, 960 So. 2d 620)“…d Miller's entire estate under Alabama's laws of intestacy. Ala. Code 1975, § 43-8-42 . Furthermore, Miller's will devises hi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-2-350Time and Manner of Filing Claims - Generally.In force
(a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by Section 43-2-352. All claims not so presented and filed are forever barred, and the payment or allowance thereof is prohibited. But this subsection shall not apply to claims of personal representatives to compensation for their services as such, nor to sums properly disbursed by them in the course of administration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Clark v. Jefferson Federal Savings & Loan Ass'n of Birmingham (Supreme Court of Alabama 1987, 519 So. 2d 465)“…ths of the granting of letters of administration allowed by Ala.Code 1975, § 43-2-350, and contends such filing was unnecessa…”
- Christian v. Murray (Supreme Court of Alabama 2005, 915 So. 2d 23)“…the expiration of the statutory six-month nonclaims period, Ala. Code 1975, § 43-2-350 , AmSouth distributed Ms. Christian's p…”
- Wadsworth v. Hannah (Supreme Court of Alabama 1983, 431 So. 2d 1186)“…performance of a contract and that the non-claims statute, Ala. Code 1975, § 43-2-350 , and supporting case law bar those con…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-8-110Homestead Allowance.In forcecited in 3 of our articles
(a) A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided in the will, by intestate succession or by way of elective share. (b) The value of any constitutional right of homestead in the family home received by a surviving spouse or child shall be charged against that spouse or child’s homestead allowance to the extent that the family home is part of the decedent’s estate or would have been but for the homestead provision of the Constitution.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Gowens v. Goss (Supreme Court of Alabama 1990, 561 So. 2d 519)“…ate the judgment and for a new trial. Gowens contended that Ala. Code 1975, § 43-8-110 (Supp. 1988), which establishes homest…”
- Edward S. Ferguson V v. Katina Helen Hawe Critopoulos (Supreme Court of Alabama 2014, 163 So. 3d 330)“…la. Code 1975, § 43-8-70, and the allowance provided in Ala. Code 1975, §§ 43-8-110, 111 and 112. Later, Katina withdre…”
- Wilder v. Mixon (Supreme Court of Alabama 1983, 442 So. 2d 922)“…Ala.Code 1975, § 43-5-40 [repealed 1982, current statute Ala.Code § 43-8-110 (1983 Repl.)]. The immediate right to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Small Estate Affidavit: Limits, Rules and How to Use It, Alabama Homestead Exemption: Amounts, Deadline and How to Apply
§ 43-8-111Exempt Property.In forcecited in 2 of our articles
If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than seven thousand five hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500) worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the seven thousand five hundred dollars ($7,500) value.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2002
Opinions citing this section in our collection:
- Nichols v. Barnette (Supreme Court of Alabama 1988, 528 So. 2d 322)“…ll, by intestate succession or by way of elective share.” Ala.Code 1975, § 43-8-111, on exempt property, states: “If the…”
- Brakefield v. Hocutt (Supreme Court of Alabama 2000, 779 So. 2d 1165)“…Code 1975, § 43-8-110 , and $3,500 in exempt property, see Ala. Code 1975, § 43-8-111 , and sought and received a family allo…”
- Reynolds v. Reynolds (Court of Civil Appeals of Alabama 2002, 837 So. 2d 847)“…claims against the estate." (Emphasis added.) See also Ala.Code 1975, § 43-8-111 and -112 (containing similar language a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-8-112Family Allowance.In force
In addition to the right to homestead allowance and exempt property, if the decedent was domiciled in this state, the surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by him or her are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody; but in case any minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his or her guardian or other person having his or her care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims but does not have priority over the homestead allowance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- Brakefield v. Hocutt (Supreme Court of Alabama 2000, 779 So. 2d 1165)“…mily allowance of $6,000, the maximum allowable amount, see Ala. Code 1975, §§ 43-8-112 , -113. The circuit court calculated…”
- Posey v. Posey (Supreme Court of Alabama 1993, 614 So. 2d 1041)“…claim. The family allowance provision of the Probate Code, Ala. Code 1975, § 43-8-112 , provides inter alia , "a reasonable…”
- Nichols v. Barnette (Supreme Court of Alabama 1988, 528 So. 2d 322)“…lowance. The objection to the family allowance was based on Ala.Code 1975, § 43-8-112, which states: “The death of any person…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-8-113Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person.In forcecited in 2 of our articles
If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of the minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make these selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there are no guardians of the minor children. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. He or she may determine the family allowance in a lump sum not exceeding fifteen thousand dollars ($15,000) or in periodic installments not exceeding $500.00 per month, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- Brakefield v. Hocutt (Supreme Court of Alabama 2000, 779 So. 2d 1165)“…hen the aggrieved party may seek relief from the court. See Ala. Code 1975, § 43-8-113 . The circuit court's award of a family…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 43-8-116Adjustments to Exemption Values.In forcecited in 2 of our articles
On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 43-2-691Definitions.In forcecited in 2 of our articles
For the purposes of this division, the following words and phrases have the following meanings: (1) DECEDENT. A deceased individual who is not survived by a minor child who is not the child of the surviving spouse, if any, and whose estate is subject to summary distribution under this division. (2) ESTATE. All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law. (3) PERSON. A natural person, corporation, organization, other legal entity, or any trust or trustee. (4) PERSONAL REPRESENTATIVE. An executor, administrator, administrator with the will annexed, special administrator, and successor personal representative. (5) SELF-PROVED WILL. A will that is self-proved in accordance with either Section 43-8-132 or 43-8-133. (6) SMALL ESTATE. An estate having a value that does not exceed the small estate amount. (7) SMALL ESTATE AMOUNT.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 43-2-690Short Title.In force
This division shall be known as the “Revised Alabama Small Estates Act.”
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 12: Courts.
§ 12-13-1Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts.In forcecited in 2 of our articles
(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which may be conferred upon them by law, unless the law so conferring jurisdiction expressly makes the jurisdiction special or limited. (b) The probate court shall have original and general jurisdiction over the following matters: (1) The probate of wills. (2) The granting of letters testamentary and of administration and the repeal or revocation of the same. (3) All controversies in relation to the right of executorship or of administration. (4) The settlement of accounts of executors and administrators. (5) The sale and disposition of the real and personal property belonging to and the distribution of intestate’s estates. (6) The appointment and removal of guardians for minors and persons of unsound mind. (7) All controversies as to the right of guardianship and the settlement of guardians’ accounts. (8) The allotment of dower in land in the cases provided by law. (9) The partition of lands within their counties.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Franks v. Norfolk Southern Ry. Co. (1996) applied section 12-13-1(b) and (c) to hold a probate order appointing an administrator ad litem carries the presumptions of a court of general jurisdiction and cannot be collaterally attacked in circuit court. Suggs v. Gray (2018) held that jurisdiction does not reach equitable remedies.
Opinions citing this section in our collection:
- Franks v. Norfolk Southern Ry. Co. (Supreme Court of Alabama 1996, 679 So. 2d 214)✓A probate court named Franks administrator ad litem for a wrongful death suit; the railroad moved in circuit court to void that appointment. The court held section 12-13-1(b) and (c) give probate orders general-jurisdiction validity, so that was an improper collateral attack.
- Clark v. Clark (Court of Civil Appeals of Alabama 1996, 682 So. 2d 1051)“…nile court with the authority to change a child's name. See Ala. Code 1975, § 12-13-1 et seq.; and § 12-15-30 et seq.; see a…”
- Suggs v. Gray (Supreme Court of Alabama 2018, 265 So. 3d 226)“…his purported power regarding the release of the funds. See Ala. Code 1975, § 12-13-1(b)(1) ("The probate court shall have or…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Name Change Laws: Probate Court Process and Fees
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Sources and References
- Ala. Code § 43-8-41 (2018), Share of the spouse(alison.legislature.state.al.us).gov
- Ala. Code § 43-8-42, Shares of heirs other than surviving spouse(alison.legislature.state.al.us).gov
- Mobile County Probate Court, "The Alabama Small Estates Act"(probate.mobilecountyal.gov).gov
- Alabama Department of Revenue, "Alabama Estate and Inheritance Tax"(revenue.alabama.gov).gov
- Ala. Code § 12-13-1, Jurisdiction of probate court generally(alison.legislature.state.al.us).gov
- Ala. Code § 43-2-350, Presentation of claims against estate(alison.legislature.state.al.us).gov
- IRS, "What's New - Estate and Gift Tax" (2026 basic exclusion amount)(irs.gov).gov
- Ala. Code § 43-8-116, Adjustments to exemption values (3-year CPI adjustment cycle)(alison.legislature.state.al.us)
- Ala. Code § 43-2-691, Revised Alabama Small Estates Act definitions (ESTATE, SMALL ESTATE AMOUNT)(alison.legislature.state.al.us)
- Alabama State Treasurer, "Consumer Price Index Law" (published § 43-8-116 adjusted exemption amounts)(treasury.alabama.gov)
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