Alabama Intestate Succession: Who Inherits When There's No Will

When someone dies in Alabama without a valid will, the state steps in with a predetermined inheritance formula. This is called intestate succession, and it's governed by Alabama Code § 43-8-41. The formula doesn't consider what the deceased may have wanted — it applies mechanically based on family relationships.

For anyone administering an Alabama estate without a will, understanding this hierarchy is essential. It determines who the legal heirs are, who has standing to petition for Letters of Administration, and who ultimately receives the estate's assets after debts are paid.

The Core Priority Hierarchy

Alabama's intestate succession rules follow a strict order. The first qualifying category in this list takes the entire estate (or their share), and the court works down the list only if no one qualifies at a higher tier.

Scenario 1: Surviving Spouse and Children

This is the most common and often most complicated scenario. Alabama does not give everything automatically to the surviving spouse when children are present.

If the deceased had children only with the surviving spouse:

• The surviving spouse inherits the first $50,000 of the probate estate
• The surviving spouse then receives half of everything remaining
• The children split the other half equally

If the deceased had any children from a prior relationship (children not of the surviving spouse):

• The surviving spouse receives half of the probate estate
• The children — all children, including those from the current relationship — split the remaining half equally

This distinction catches many families by surprise. A widowed spouse with stepchildren from the deceased's prior marriage may find they inherit only half the estate, not the whole.

Scenario 2: Surviving Spouse, No Children

If the deceased had no children or other descendants:

• The surviving spouse inherits the entire probate estate

Scenario 3: Children, No Surviving Spouse

If the deceased had children but no surviving spouse:

• Children inherit the entire probate estate, split equally
• If a child predeceased the parent but left their own children (grandchildren of the deceased), those grandchildren inherit the deceased child's share equally (this is called "per stirpes" distribution)

Scenario 4: No Spouse, No Children

Alabama then looks to blood relatives in this order:

1. Parents — both parents inherit equally; if only one survives, they take the whole estate
2. Siblings (and descendants of deceased siblings) — if no parents survive
3. Grandparents — if no parents or siblings survive
4. Aunts and uncles (and their descendants) — if no grandparents survive

Scenario 5: No Qualifying Relatives

If a thorough search reveals no qualifying relatives, the estate "escheats" — it reverts to the State of Alabama. This is rare in practice because Alabama's definition of "relatives" extends fairly far, but it does happen with isolated individuals who have no living family.

What Intestate Succession Doesn't Cover

Alabama's intestate rules only govern probate assets — property owned solely in the deceased's name with no designated beneficiary. Non-probate assets pass entirely outside this framework:

• Life insurance policies with named beneficiaries pass directly to those beneficiaries
• Retirement accounts (401k, IRA) with named beneficiaries bypass the intestate rules entirely
• Payable-on-Death (POD) bank accounts go to the named beneficiary, not to the intestate heirs
• Joint accounts with right of survivorship go to the surviving account holder
• Real estate held as Joint Tenancy with Right of Survivorship goes to the surviving owner

This matters because many people who "die without a will" have actually structured most of their wealth in non-probate form. The intestate rules may apply to relatively little.

Statutory Spousal Protections Still Apply

Even in an intestate estate, the surviving spouse retains specific statutory protections that sit above the creditor payment hierarchy:

• Homestead Allowance (§ 43-8-110): $18,800, exempt from creditor claims
• Family Allowance (§ 43-8-112): Up to $18,800 for maintenance during administration
• Exempt Property (§ 43-8-111): $9,400 in household goods, furniture, automobiles, and personal effects

These allowances are additive to whatever share the spouse inherits under the intestate formula. A spouse in an intestate small estate with total assets under $47,000 may receive the entire estate free of general creditor attachments through these allowances — even without being the sole heir under the succession rules.

Who Administers an Intestate Estate

Without a will, there's no named executor. The probate court appoints an "administrator" (versus "executor" in a testate estate). Alabama law establishes a priority list for who the court will appoint:

1. Surviving spouse
2. Next of kin (children, then parents, then siblings)
3. Any creditor of the estate (if no family member petitions)
4. Any person the court finds suitable

The administrator has the same authority and responsibilities as an executor — securing assets, filing inventories, notifying creditors, paying valid debts, and distributing the estate to heirs — but operates under the intestate succession rules rather than the instructions of a will.

The Danger of Inaction

When there's no will and family members delay opening probate, several problems compound:

• The estate's liquid assets sit inaccessible in frozen accounts
• Real estate cannot be transferred, sold, or refinanced
• Insurance policies may lapse if premiums aren't paid from estate assets
• Property maintenance costs continue while the estate generates no income
• Family disputes about what the deceased "would have wanted" intensify without legal resolution

The intestate succession rules aren't negotiable through family agreement alone. An informal family understanding about who takes what doesn't override Alabama law — and can create title problems for decades if assets change hands without proper court authorization.

If the estate qualifies (no real property, total personal property under $47,000), the simplified Small Estates Act summary distribution process is available even without a will. See the small estate affidavit process for details on eligibility and how to file.

For a complete walkthrough of Alabama probate administration when there's no will — from filing the petition for Letters of Administration through the final distribution — the Alabama Estate Settlement Guide covers the intestate process with county-specific details and the statutory forms required at each stage.

See more Alabama guides →