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State rules · Alabama

Alabama: estate, probate and Medicaid rules in one place

What applies in Alabama, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Alabama have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Alabama, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Alabama have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Alabama, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Alabama?

Transfer-on-death deed for real estate: None — not available for real property. No TOD-deed statute — Alabama has not adopted the URPTODA; confirm alternatives with an Alabama attorney

What is the Medicaid look-back period in Alabama?

Look-back period: 60 months (Alabama Administrative Code Rule 560-X-25-.09; Amended October 26, 2018; consolidated chapter revised July 15, 2023).

Does Alabama tax Social Security benefits?

Social Security benefits: Exempt (2025 Form 40 Booklet — Alabama Individual Income Tax Return Instructions; tax year 2025).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Alabama, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Alabama, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No TOD-deed statute — Alabama has not adopted the URPTODA; confirm alternatives with an Alabama attorney

· Checked July 26, 2026

Controlling statute
Not primary-verified

No TOD-deed statute — Alabama has not adopted the URPTODA; confirm alternatives with an Alabama attorney

· Checked July 26, 2026

Small-estate procedure

Current rule
$47,000 indexed small-estate amount; no real property; probate-court summary distribution after 30-day noticeVerified

Source: Ala. Code § 43-2-692 (Act 2025-431; Comptroller valuation memo) · Effective: 2026 · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Institutional income limit
$2,982 per monthVerified
  • Applies to: single institutional applicant.

Source: Alabama Medicaid Eligibility Handout (Form 207) · Effective: Medicaid Eligibility Handout 01/26; PDF updated March 11, 2026 · Checked November 14, 2026

Applicant resource limit
$2,000Verified
  • Applies to: single institutional applicant; measured on the first day of the month.

Source: Alabama Administrative Code Rule 560-X-25-.06(1) · Effective: Amended: filed September 11, 2018; effective October 26, 2018 · Checked November 14, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Alabama Administrative Code Rule 560-X-25-.16 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Latest amendment filed September 11, 2018; effective October 26, 2018 · Checked November 14, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; actual allocation depends on spouse income and adjustments.

Source: Alabama Administrative Code Rule 560-X-25-.16 · Also: CMS 2026 minimum maintenance-needs standards · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Latest amendment filed September 11, 2018; effective October 26, 2018 · Checked November 14, 2026

Home-equity limit
$752,000 for 2026Verified
  • Applies to: applicant without a protected spouse or qualifying child in the home.

Source: Alabama Medicaid State Plan, Supplement 17 to Attachment 2.6-A (substantial home equity), TN 06-006 · Also: Alabama Administrative Code Rule 560-X-25-.06(2)(e)1 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: TN No. 06-006; approved 01/24/07; effective 12/01/06; elects $500,000 increased annually by the CPI-U from 2011 · Checked November 14, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 monthsVerified

Source: Alabama Administrative Code Rule 560-X-25-.09 · Effective: Amended October 26, 2018; consolidated chapter revised July 15, 2023 · Checked September 2, 2026

Transfer-penalty divisor
Not yet verified

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 2, 2026 · Ask the state agency

How the state administers the penalty
Divide cumulative uncompensated value by the average monthly private-patient nursing-facility cost. Whole months form the restricted period; the fraction becomes dollars added to patient liability. The period starts in the transfer month or first otherwise-eligible institutional-care month, whichever is later, without overlap.Verified

Source: Alabama Administrative Code Rule 560-X-25-.09 · Effective: Amended October 26, 2018; consolidated chapter revised July 15, 2023 · Checked September 2, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
All real and personal property and any other assets in the recipient's estate as defined by Alabama probate law, including homes, land, vehicles, cash and bank accounts.Verified

Source: Alabama Medicaid Estate Recovery Program Q and A, question 5 · Effective: File dated 12-22-23 in the agency's file name; the document itself prints no date · Checked November 14, 2026

Controlling authority
Alabama Administrative Code Rule 560-X-33-.05Verified

Source: Alabama Administrative Code Rule 560-X-33-.05 · Effective: Effective January 25, 2016 · Checked November 14, 2026

Exemptions and deferrals
Recovery is delayed until after the surviving spouse's death and while a surviving child is under 21 or blind or permanently and totally disabled.Verified

Source: Alabama Administrative Code Rule 560-X-33-.05 · Effective: Effective January 25, 2016 · Checked November 14, 2026

Hardship waiver
Waiver or delay may apply when a family farm or family business produces limited income and is the sole income-producing estate asset of one or more heirs; each heir applies separately.Verified

Source: Alabama Medicaid Estate Recovery FAQs · Effective: File dated 12-22-23 in the agency's file name; the document itself prints no date · Checked November 14, 2026

Lien practice
Alabama may place a lifetime lien on real property of certain permanently institutionalized recipients, subject to dependent-relative, intent-to-return, bona-fide-sale, and other exclusions; returning home can cause release.Verified

Source: Alabama Medicaid property-lien procedures · Effective: Dated April 5, 2021 · Checked November 14, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Alabama excludes federal Social Security benefits.

Source: 2025 Form 40 Booklet — Alabama Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked January 9, 2026

Public pensions
Exempt when conditions are metVerified
  • Alabama exempts specified government retirement systems; other public pensions remain taxable unless a listed exemption applies.
  • The payment must come from an enumerated exempt system, including Alabama Teachers, Employees, or Judicial retirement, Civil Service, TVA, Foreign Service, the U.S. Government Retirement Fund, or a qualifying Alabama firefighter or police system.

Source: 2025 Form 40 Booklet — Alabama Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked January 9, 2026

Private pensions
Exempt when conditions are metVerified
  • Payments from an IRC 414(j) defined-benefit plan are exempt; other private retirement income is generally taxable after basis.
  • The plan administrator must establish that the payment comes from an IRC section 414(j) defined-benefit plan.
  • Other pension and annuity amounts generally remain taxable to the Alabama-taxable portion after basis recovery.

Source: 2025 Form 40 Booklet — Alabama Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked January 9, 2026

IRA and 401(k) distributions
Partly taxed or conditionalVerified
  • Taxable IRA and 401(k)-type distributions are generally taxed after Alabama basis; at age 65 or older, each taxpayer may exclude up to $6,000 of otherwise taxable retirement income.
  • The retirement-income exclusion begins at age 65.
  • Maximum exclusion per eligible taxpayer for otherwise taxable retirement income.
  • IRA, SEP, Keogh, 401(k), and 403(b) distributions are generally reported to the Alabama-taxable extent after Alabama basis.
  • A qualifying rollover under IRC sections 402, 403, 408, or 409 remains excluded.

Source: 2025 Alabama Form 40 and Schedule RS · Effective: tax year 2025 · Checked January 9, 2026

Military retirement pay
ExemptVerified
  • Alabama excludes military retirement pay.
  • The payment must be military retirement pay.

Source: 2025 Form 40 Booklet — Alabama Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked January 9, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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