Short answer

Generally no. In Alabama, assets that pass automatically by right of survivorship or by beneficiary designation typically pass outside probate and are not part of the estate inventory a personal representative files for probate. However, exceptions and nuances can apply, so you should confirm the title, the beneficiary designation, and whether the probate court or creditors have any reason to require disclosure.

How survivorship and beneficiary-designated assets work in Alabama

Many common nonprobate assets transfer immediately to the surviving owner or named beneficiary at death. Examples include:

Real estate held as joint tenants with right of survivorship or tenants by the entirety, if applicable.
Bank accounts titled as joint accounts with right of survivorship.
Payable-on-death (POD) or transfer-on-death (TOD) accounts.
Retirement accounts, IRAs, and life insurance policies that name a beneficiary.

Because title or a beneficiary designation controls who owns the asset after death, those assets generally do not become part of the probate estate and usually do not have to be included in the court-ordered inventory of probate assets.

When you should still list or disclose survivorship assets

Even though survivorship assets normally pass outside probate, you should consider listing or otherwise documenting them in certain situations:

If the asset was titled solely in the decedent’s name at death. If title was not updated before death, the asset is probably probate property and belongs on the inventory.
If ownership is unclear. If documents conflict or if a bank or title company requests clarification, provide documentation to the court or to the institution.
If you suspect the joint title was for convenience and not intended as a gift. In contested cases, a court may treat the asset as part of the estate.
If the probate judge or clerk requires disclosure. Local court rules sometimes ask for a schedule of known nonprobate assets to help evaluate creditor claims or estate administration matters.
When dealing with creditor claims, certain nonprobate transfers may still be relevant for equitable claims or reimbursement claims against the estate.

Practical steps for an Alabama personal representative or administrator

Inventory only probatable assets on the formal inventory you file, unless the court or local rule asks for nonprobate information.
Prepare a separate list or schedule of nonprobate assets you know about, with copies of titles, beneficiary designations, and account statements. Keep that with the estate file and provide it to the court if requested.
Obtain certified copies of the death certificate and provide them to banks, title companies, insurance companies, and retirement plan administrators to effect transfers.
Contact each institution to learn its procedures for transferring survivorship accounts. Institutions often require a certified death certificate and a copy of letters testamentary or letters of administration for certain changes.
Keep detailed records of any transfers and communications. If a dispute arises later, good documentation helps resolve it more quickly.

Common pitfalls and contested situations

Watch for these common problems:

Recent additions of joint owners. If someone was added shortly before death, heirs or creditors may challenge whether the addition was a true gift.
“Convenience” accounts. Adding a person for convenience does not always mean the person receives ownership at death; evidence of intent matters.
Retirement plans and beneficiary designations. These pass by contract to the named beneficiary and do not go through probate, but tax and creditor consequences can still follow.
Failure to update title or beneficiary designations. If the decedent intended different distributions but did not update titling or beneficiaries, probate may not reflect that intent.

Where to look in Alabama law and court practice

Alabama probate rules and the probate code address administration and inventories. For statutory text and guidance, consult the Code of Alabama Title 43 (probate statutes) and local probate court rules and forms. The Alabama Legislature maintains the code online for reference:

Code of Alabama, Title 43 (Probate)

For practical filing procedures and forms, check the probate court clerk in the county handling the estate or the Alabama Judicial System resources at:

Alabama Judicial System

When to talk to an attorney

Consider contacting an Alabama probate attorney if any of the following apply:

The title or beneficiary designation is unclear or contradicts documents such as a will or trust.
Someone asserts the joint title was only for convenience, or there is a dispute among heirs or beneficiaries.
The estate has significant creditor claims, or you anticipate litigation over transfers made shortly before death.
There are tax planning or federal estate tax issues because the estate may be large.

Short checklist for next steps

Confirm how each asset was titled at death and find beneficiary designations.
File the probate inventory listing only probate assets, unless the court requests nonprobate items.
Prepare a separate schedule of nonprobate transfers for your records and for the court if asked.
Provide certified death certificates and required paperwork to financial institutions and title companies to effect transfers by survivorship or beneficiary designation.
Seek legal advice if ownership is contested or if unusual facts surround recent changes in ownership.

Disclaimer

This article explains general principles under Alabama law and common practice. It does not provide legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Alabama attorney who can evaluate the facts and applicable law.