Avoiding Probate in Alabama

Probate court proceedings (during which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing. It's no wonder so many people take steps to spare their families the hassle. Different states, however, offer different ways to avoid probate. Here are your options in Alabama.

Living Trusts

In Alabama, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (similar to a will), naming someone to take over as trustee after your death (called a "successor trustee"). Then—and this is crucial—you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.

Joint Tenancy With Right of Survivorship

Property owned in joint tenancy with right of survivorship automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together. In Alabama, each owner, called a joint tenant, must own an equal share. (Ala. Code § 35-4-7 (2024).)

There's another form of joint ownership called "tenancy in common." In a tenancy in common, a co-owner's share doesn't go to the other owners. Instead, a deceased person's share of the property passes to their heirs and generally will require probate. If the document used to transfer jointly owned property—such as a deed—doesn't clearly state that it's a joint tenancy with a right of survivorship, then the property will be considered a tenancy in common. (Ala. Code § 35-4-7 (2024).)

Payable-on-Death Designations for Bank Accounts

In Alabama, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings. (Ala. Code § 5-24-23 (2024).)

Transfer-on-Death Registration for Securities

Alabama lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account. (Ala. Code §§ 8-6-140 through 8-6-151 (2024).)

Transfer-on-Death Deeds for Real Estate

Alabama doesn't allow real estate to be transferred with transfer-on-death deeds.

Transfer-on-Death Registration for Vehicles

Alabama doesn't allow transfer-on-death registration of vehicles.

Simplified Probate Procedures

Even if you don't do any planning to avoid probate, your estate might qualify for Alabama's simplified "small estate" probate procedures. For more details, see Probate Shortcuts in Alabama. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).