If you are planning your estate in Birmingham, Mountain Brook, Hoover, Vestavia Hills, or anywhere else in Alabama — or if you have recently inherited assets from a loved one — one of the first questions you likely have is whether you owe any state taxes on that inheritance. It is one of the most commonly Googled legal questions in Alabama, and fortunately the answer is refreshingly simple.
But that is not the complete picture. While Alabama imposes no tax at the state level, federal estate tax may still apply to larger estates — and the federal rules changed significantly at the end of 2025 with the expiration of provisions from the Tax Cuts and Jobs Act. Here is everything Alabama families in Homewood, Pelham, Trussville, Gardendale, and across the state need to know.
Alabama Has No State Estate Tax
An estate tax is a tax levied on the estate itself — on the total value of everything the deceased person owned — before any assets are distributed to heirs. Alabama abolished its state estate tax in 2005, and it has not been reinstated since. This means that when someone dies in Alabama, the estate itself does not owe any tax to the state of Alabama based on its total value.
This is good news for families across Jefferson County, Shelby County, and throughout the state. Many states — including Washington, Oregon, Massachusetts, and Maryland — still impose state-level estate taxes with exemption thresholds far lower than the federal limit. Alabama families benefit from not having to navigate that additional layer of taxation.
Alabama Has No State Inheritance Tax
An inheritance tax is different from an estate tax — it is levied on the individual beneficiary based on what they personally receive, not on the estate as a whole. Six states currently impose an inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Alabama is not one of them.
This means that if you inherit assets from a parent, sibling, or other family member in Alabama — whether through a will, a revocable living trust, or under Alabama's intestate succession rules — you do not owe any Alabama state tax on what you receive. A family in Mountain Brook inheriting a home, or children in Hoover receiving a parent's retirement savings, pay no Alabama inheritance tax whatsoever.
"Alabama is one of the most tax-friendly states in the country for estates. No state estate tax. No state inheritance tax. Most Alabama families have zero state tax exposure on what they leave behind or what they inherit."
But Federal Estate Tax May Still Apply
While Alabama imposes no state estate or inheritance tax, the federal estate tax administered by the IRS can still apply to larger estates — and this is where planning becomes important for some Alabama families.
The Federal Estate Tax Exemption
The federal estate tax only applies to estates that exceed the federal exemption threshold. Under the Tax Cuts and Jobs Act of 2017, the exemption was roughly doubled — reaching $13.61 million per individual in 2024. Married couples could effectively shelter up to $27.22 million through proper planning.
However — and this is critically important for estate planning attorney Birmingham AL clients and families across Alabama to understand — those elevated exemption amounts were scheduled to sunset at the end of 2025. Unless Congress acts to extend them, the exemption reverts to approximately $7 million per individual (adjusted for inflation). That means estates that were comfortably under the federal threshold in 2024 may be subject to federal estate tax in 2026 and beyond.
| Tax Type | Alabama State Level | Federal Level |
|---|---|---|
| Estate Tax | None — Alabama repealed in 2005 | Applies to estates over federal exemption threshold |
| Inheritance Tax | None — Alabama does not impose one | None — no federal inheritance tax exists |
| Income Tax on Inherited Assets | Generally none on the inheritance itself | Generally none on the inheritance itself |
| Income Tax on Future Earnings from Inherited Assets | Yes — rental income, investment income is taxable | Yes — ongoing income from inherited assets is taxable |
| Tax on Inherited IRA / 401k Distributions | Yes — distributions taxed as ordinary income | Yes — distributions taxed as ordinary income |
What About Income Tax When You Inherit?
This is a separate question from estate and inheritance taxes — and one that many Alabama families in Bessemer, Chelsea, Helena, and beyond get confused about. Here is the straightforward answer:
- Cash you inherit — not subject to income tax. You receive it and it is yours, free of income tax.
- Property you inherit (home, land, investments) — you receive a "stepped-up basis," meaning your cost basis is the fair market value at the date of death. This can significantly reduce capital gains tax if you sell later.
- Income generated after you inherit — if you inherit rental property and collect rent, that rent is taxable income to you. If you inherit stocks and they pay dividends, those dividends are taxable.
- Traditional IRA or 401k you inherit — distributions are taxed as ordinary income. Under current federal rules, most non-spouse beneficiaries must distribute the entire account within 10 years.
The Stepped-Up Basis: A Major Benefit for Alabama Heirs
One of the most valuable tax benefits for people who inherit assets in Alabama is the stepped-up basis rule. When you inherit appreciated property — a family home in Mountain Brook that your parent bought for $80,000 decades ago and is now worth $400,000 — your cost basis for capital gains purposes is "stepped up" to the fair market value at the date of death ($400,000).
If you sell the home for $400,000 shortly after inheriting it, you owe zero capital gains tax — because your basis equals the sale price. Without the stepped-up basis, you would owe capital gains on $320,000 of appreciation. This is one of the most powerful tax planning tools available to Alabama families, and it is entirely built into federal tax law for inherited assets.
Planning for Federal Estate Tax: Who Needs to Worry?
With the federal exemption potentially returning to approximately $7 million per individual, the question of federal estate tax becomes relevant for a larger group of Alabama families than it was under the elevated TCJA thresholds. Here is a practical guide:
Do You Need Federal Estate Tax Planning?
- Estate under $7 million (single) / $14 million (married): Likely no federal estate tax exposure — but confirm with an estate planning attorney as the exemption amount is subject to change by Congress
- Estate between $7–15 million: Planning is important — strategies like irrevocable trusts, annual gifting, and charitable giving can reduce exposure significantly
- Estate over $15 million: Advanced estate tax planning is essential — the federal estate tax rate is 40% on amounts above the exemption
- Business owners: Business interests can push estate values higher than expected — valuation and planning are critical for business owners in Birmingham and across Alabama
- Real estate investors: Significant property holdings in Jefferson County, Shelby County, and beyond can create estate tax exposure that requires proactive planning
Have questions about estate planning and taxes in Alabama? Colvin & Sawyer Law Offices is here to help.
Call us at (205) 202-9801 or send us a message. We serve families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama.What Does This Mean for Your Alabama Estate Plan?
For the vast majority of Alabama families — those whose estates fall well under the federal exemption threshold — the tax picture is simple and favorable. There is no Alabama estate tax. There is no Alabama inheritance tax. The federal exemption, even if reduced from TCJA levels, still protects most families from federal exposure.
That does not mean estate planning does not matter. Even with no tax liability, Alabama families still need proper estate plans to:
- Avoid the Alabama probate process and its costs and delays — see: How to Avoid Probate in Alabama
- Ensure assets go to the right people — see: What Happens If You Die Without a Will in Alabama?
- Protect assets through a revocable living trust — see: Living Trust vs. Will in Alabama
- Name guardians for minor children
- Plan for incapacity with durable powers of attorney and healthcare directives
For families with larger estates — particularly business owners, real estate investors, and high-net-worth individuals across Birmingham, Mountain Brook, Montgomery, and beyond — the potential reduction in the federal estate tax exemption makes 2026 a critical year to review and update your estate plan.
Frequently Asked Questions
Does Alabama have an inheritance tax?
No. Alabama does not have a state inheritance tax. Beneficiaries who inherit assets from an Alabama estate — whether through a will, trust, or intestate succession — do not owe any Alabama state tax on what they receive. This applies across Birmingham, Mountain Brook, Hoover, and all of Alabama.
Does Alabama have an estate tax?
No. Alabama repealed its state estate tax in 2005 and has not reinstated one. However, very large estates may still owe federal estate tax to the IRS if the total estate value exceeds the federal exemption threshold — which may be reduced to approximately $7 million per individual in 2026 after TCJA provisions sunset.
Do I have to pay taxes when I inherit money in Alabama?
Generally no — inherited assets are not considered income for federal income tax purposes. However, if you inherit assets that generate income after you receive them, that future income is taxable. And if you inherit a traditional IRA or 401k, distributions from those accounts are subject to ordinary income tax. An estate planning attorney in Birmingham, AL can help you understand the full tax picture for your specific inheritance.
What is the federal estate tax exemption in 2026?
The federal estate tax exemption is expected to revert to approximately $7 million per individual (adjusted for inflation) after the Tax Cuts and Jobs Act provisions sunset at the end of 2025 — unless Congress acts to extend them. Alabama families with significant assets should review their estate plans with a qualified attorney in light of these potential changes.
Questions About Your Alabama Estate Plan?
Christopher Colvin and Valerie Sawyer help families throughout Birmingham, Mountain Brook, Hoover, Vestavia Hills, and across Alabama build estate plans that protect their assets and their loved ones. Schedule a consultation today.
Schedule a Consultation Call (205) 202-9801

