Dying Without a Will in Alabama

Alabama State Capitol, Montgomery

When an Alabama resident dies without a Last Will and Testament, the intestacy succession laws found in the Alabama Code will dictate who inherits the deceased person's probate estate. Below is a summary of the Alabama intestacy laws in various situations.

The Surviving Family Members of a Deceased Person

Here is what will happen under the Alabama intestacy laws if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.) and/or parents:

  • Survived by a spouse and children all of whom are children of the spouse – In this case, the surviving spouse will inherit the first $50,000 of the probate estate plus one-half of the balance and the children will inherit the remainder, per stirpes.
  • Survived by a spouse and one or more children who are not descendants of the spouse – In this case, the surviving spouse will inherit one-half of the probate estate, and the deceased person's children will inherit the other one-half, per stirpes.
  • Survived by a spouse and no descendants or parents – In this case, the surviving spouse will inherit the deceased spouse's entire probate estate.
  • Survived by descendants and no spouse – In this case, the descendants will inherit the deceased person's entire probate estate, per stirpes.
  • Survived by a spouse and parent or parents and no descendants – In this case, the surviving spouse will inherit the first $100,000 of the probate estate, and the balance will be distributed one-half to the surviving spouse and the remaining one-half equally to the parents or all to the only surviving parent.
  • Survived by a parent or parents and no spouse or descendants – In this case, the deceased person's parents will inherit the probate estate in equal shares if both are living or the entire probate estate will go to the only surviving parent.

The Deceased Person is Not Survived by Family

Here is what will happen under the Alabama intestacy laws if the deceased person is not survived by a spouse, any descendants (children, grandchildren, great-grandchildren, etc.) or their parents:

  • Survived by siblings or descendants of siblings – In this case, the deceased person's siblings and the descendants of deceased siblings (nieces and nephews) will inherit the entire of the probate estate, per stirpes.
  • Not survived by any family members – In the unlikely circumstance that the deceased person is not survived by any family members as described above, then the entire probate estate will escheat to the State of Alabama.

What You Will Inherit From an Alabama Intestate Estate

What will you inherit if your relative dies without leaving a will and the relative was a resident of Alabama or owned real estate located in Alabama? Even if you determine based on the information presented above that you are entitled to an intestate share of your relative's estate, you may not inherit anything. Your relative may have left non-probate property only, or the debts your relative owed at the time of death may exceed the value of the probate estate which will make the estate insolvent. If you're not sure about your legal rights as an intestate heir in Alabama, then consult with an Alabama probate attorney to be sure.

The information contained in this article is not tax or legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law. For current tax or legal advice, please consult with an accountant or an attorney.

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Sources
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  1. Code of Alabama. "Article 3 Intestate Succession: Section 43-8-41." Accessed Dec. 15, 2021.

  2. Code of Alabama. "Article 3 Intestate Succession: Section 43-8-42." Accessed Dec. 15, 2021.

  3. Code of Alabama. "Article 3 Intestate Succession: Section 43-8-44." Accessed Dec. 15, 2021.

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