At a glance
| State estate tax | No |
|---|---|
| Estate top rate | — |
| Inheritance tax | No |
| Small-estate ceiling | $47,000Ala. Code § 43-2-692 (Act 2025-431; Comptroller valuation memo) · 2026 |
| TOD deed for real estate | Not availableAla. — Uniform Real Property TOD Act not enacted · not enacted as of 2026 |
| Community-property state | No |
Estate tax
Alabama does not levy its own estate tax. An estate here is subject only to the federal estate tax, which most estates never owe — the federal exclusion is measured in the millions. See the federal lifetime exemption for how that works.
Inheritance tax
Alabama has no inheritance tax — beneficiaries are not taxed on what they receive by the state. Alabama imposes no inheritance tax on property passing to heirs or beneficiaries.
Probate basics
Under the Revised Alabama Small Estates Act, an estate with no real property whose value does not exceed the small-estate amount ($47,000 for 2026) may pass by summary distribution on petition to the probate court after a 30-day notice period, avoiding full administration.
Alabama is a common-law (separate-property) state for ownership between spouses. A transfer-on-death deed for real estate is Not available Ala. — Uniform Real Property TOD Act not enacted · not enacted as of 2026. The probate deadlines for this state — filing the will, the creditor-claim window, the inventory — are cited in the Executor & Heir’s Guide.
State-specific quirks
Real property disqualifies summary distribution
The summary-distribution shortcut is available only where the estate holds no real property and is at or below the small-estate amount; any real estate beyond the allowances forces full administration.
No transfer-on-death deed for real estate
Alabama has never adopted a real-property TOD (beneficiary) deed. TOD registration exists only for securities and accounts (Ala. Code § 8-6-140 et seq.) and for vehicles; real estate must pass by will, survivorship, or trust.
The small-estate figure is indexed
The $47,000 amount equals the combined homestead, exempt-property, and family allowances and is recalculated for inflation every three years, so the ceiling changes over time and should be re-checked at the date of death.
Where to read next
- the federal lifetime exemption — how the far larger federal exclusion works — and why a state tax can still apply below it
- funding a revocable trust — the most common way to keep property out of probate entirely
- the ILIT cluster — keeping a life-insurance death benefit out of a taxable estate
- the Executor & Heir's Guide — the probate deadlines for this state, cited to the statute
- ← Back to the 51-jurisdiction comparison
Sources & methodology
Methodology & sources
Every tax figure on this page links to the primary source it was verified against — a Alabama statute or department-of-revenue page — with that source’s own effective date. Aggregator round-ups are never used as a source. State death and probate law changes every legislative session; this page carries the date it was last re-verified, and any figure that could not be confirmed from a primary source is flagged for you to check with the state rather than guessed. See our editorial standards.
This page is educational and is not legal or tax advice. Whether a death tax applies turns on residency, where property sits, and how title is held — details a general page cannot resolve. Confirm your own situation with a professional licensed in Alabama.
Last verified July 20, 2026.