When someone dies without a will in Alabama, their estate is distributed under intestate succession laws rather than their personal wishes. An Alabama intestate succession lawyer can help your family understand how laws apply, what rights you have, and how estate planning can prevent unnecessary disputes in probate court.
What Happens If You Die Without a Will in Alabama?
If someone passes away in Alabama without a will or any other estate planning instruments, then their estate will be subject to the intestate succession laws promulgated in Alabama Code, 1975 § 43-8-40 through § 43-8-58. In these cases, Alabama probate courts follow a fixed order of inheritance based on spouses, children, parents, and other relatives.
These rules apply in the same way to every intestate estate, even though each family situation is different, including the assets involved, the heirs, and what the person may have wanted. Because of this, intestate succession can result in outcomes that do not reflect a person’s wishes. These rules are completely avoidable, and working with an estate planning lawyer in Alabama helps ensure your estate is distributed according to your intentions.
Why Families Across Alabama Choose Southern Estate Lawyers
When Alabama families face intestate succession, the case must go through probate court, but the process varies by county. Each court has its own procedures, expectations, and local practices that can affect how an estate is handled. At Southern Estate Lawyers, we have represented families in probate and circuit courts across Alabama, so we understand both the law and how it is applied in the court where your case is heard.
✓ Thousands of intestate succession and probate callers guided statewide
✓ Experience in both probate court and circuit court litigation in multiple Alabama jurisdictions
✓ Representation in contested inheritance and estate disputes when families disagree
✓ Direct attorney involvement, not handoffs to large, impersonal teams
✓ A dual focus on preventing disputes and resolving them in court when necessary
✓ Clear guidance through every stage of Alabama probate administration
✓ A statewide practice built around both estate planning and probate litigation
The quality of representation also matters. We do more than process filings. Our litigation background allows us to anticipate disputes, protect your interests, and act quickly if the estate becomes contested. If that happens, you will not need new counsel. We are already prepared to represent you in court.
How We Handle Intestate Succession Cases in Alabama
Clients turn to our intestate succession lawyers in Alabama when a loved one passes away without a will, and their estate must be handled through probate court.
In these situations, the probate process is controlled entirely by intestate succession laws, not by family wishes. Our probate lawyers in Alabama are ready to handle every step of your case:
- Determining who qualifies as legal heirs under Alabama law
- Opening and managing the probate case in Alabama probate court
- Identifying, securing, and valuing estate assets and debts
- Filing required court documents and meeting probate deadlines
- Guiding communication between heirs and personal representatives
- Addressing disagreements or disputes between family members
- Ensuring assets are distributed according to Alabama intestate succession rules
Without legal guidance, families often face delays, procedural errors, or confusion during probate, especially when emotions are already high. An Alabama intestate succession attorney at Southern Estate Lawyers can bring structure to the process, ensure court requirements are properly handled, and give your family clarity on how the estate will be administered from start to finish.
Contact Southern Estate Lawyers Today
An Alabama intestate succession attorney is ready to listen to your situation and provide the support you need to resolve estate matters fairly and efficiently. Reach out to us today to gain clarity on your rights and start moving forward with a plan you can trust.
Who Inherits Under Alabama Intestate Succession Laws?
Alabama intestate succession law sets a fixed order for how a person’s estate is distributed when there is no will in place. The outcome depends on which family members survive the decedent, and the law applies specific rules to determine the share of a surviving spouse, children, parents, and other relatives in different combinations of circumstances.
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The Surviving Spouse’s Share
The first issue the Code deals with is the share due to the surviving spouse. If there is (1) a surviving spouse, (2) no other issues (children or descendants of children) of the decedent, and (3) no surviving parents of the decedent, then the surviving spouse is entitled to all of the decedent’s estate.
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Surviving Spouse & Surviving Parent
If there are no issues of the decedent, but there is a surviving parent or parents, then the surviving spouse is entitled to the first $100,000.00 plus one-half of the balance of the decedent’s estate.
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Surviving Spouse & Issue
If there are issues of the decedent and all of the issues are also issues of the surviving spouse, then the surviving spouse is entitled to the first $50,000.00 plus one-half of the balance of the decedent’s estate.
If there are any surviving issues that are not also issues of the surviving spouse, then the surviving spouse is entitled to one-half of the balance of the decedent’s estate.
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Shares Due to Remaining Heirs
The balance of the estate not due to the surviving spouse, as articulated in the section above, or in the case that there is no surviving spouse, shall be divided as described below.
The issues of the decedent shall be taken equally if they are of the same degree of kinship. If the issues are of unequal degrees of kinship, then they shall be taken by representation.
For example, X dies, and at the time of his death, he has two living children, A and B, and one deceased child, C. C has two living children at the time of X’s death, R and S. The estate would first be divided among A, B, and C, each taking 1/3. Since C is not alive to take his share, his children would divide his share such that R and S each took 1/2 of C’s 1/3 or 1/6 of X’s remaining estate.
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Share of the Parent
If there is a surviving spouse and no surviving issues, but the parents of the deceased are still alive, then the parents will be entitled to the balance of the estate after the surviving spouse’s share is paid. Or, if there is no surviving spouse or surviving issue, but the parents of the deceased are still alive, then the parents will be entitled to the entire estate in equal portions.
Alabama intestate succession can be a difficult topic to grasp. We’ve taken the descriptions above and created a flowchart to help you determine how Alabama intestate succession can impact your life or the life of your loved ones. To view the flowchart, please click the image to the right.
Hear It From Our Clients in Alabama
Families across Alabama come to us for help with intestate succession, estate planning, and probate matters, and their experiences speak for themselves. See why clients trust Southern Estate Lawyers and confidently recommend us during some of life’s most difficult moments.
Start With a Free Case Evaluation
Our estate planning and litigation attorneys are some of the most active litigation practitioners in Alabama. Our team has had enormous success in both county probate courts and several Alabama circuit courts.
To schedule a free consultation with our Alabama estate planning attorneys, please contact us.
Frequently Asked Questions
The answers below address some of the most common concerns about Alabama intestate succession. Consult our FAQ resource or get in touch with a lawyer today for more information.
Do I have to go to probate court if there is no will in Alabama?
In most cases, yes. When someone dies without a will in Alabama, any assets owned solely in the deceased’s name must go through probate court before they can be distributed to heirs. However, certain assets pass outside of probate regardless, including accounts with named beneficiaries like life insurance or retirement accounts, jointly owned property with right of survivorship, and anything held in a trust.
If you are unsure what applies to your situation, our Alabama intestate succession attorneys can walk you through it during a free consultation.
How long does intestate probate take in Alabama?
The length of probate in Alabama varies depending on the size of the estate, whether there are disputes between heirs, and how quickly required documents are filed and approved by the probate court. Straightforward estates in Alabama often resolve within six to twelve months. Contested or complex estates involving disputes between heirs, unclear asset ownership, or litigation can take longer, 18 months – 3 years or more. Our attorneys will give you a realistic timeline based on your specific situation from the start.
Can intestate inheritance be challenged in Alabama?
Yes. Heirs may dispute who qualifies as an heir, asset values, or inheritance rights. These matters are handled in Alabama probate court and may require estate litigation. This is one of the key reasons families choose to work with our Alabama probate attorneys to protect their rights and ensure the process is handled correctly.
What happens if an heir cannot be located?
If an heir cannot be found, the probate process may be delayed while efforts are made to locate them. In some cases, the court may require formal notice procedures or appoint someone to handle unclaimed interests until the heir is located. Our attorneys can help navigate this process and keep the estate moving forward while those efforts are underway.
Does all property go through intestate succession in Alabama?
No. Only assets owned solely in the decedent’s name without beneficiary designations typically go through intestate succession. Certain assets like jointly owned property, life insurance, and retirement accounts may pass outside of probate depending on how they are titled.
How can I afford an intestate succession attorney in Alabama?
At Southern Estate Lawyers, we offer free case evaluations so you can understand your options and next steps before making any financial commitment. Our goal is to make it easy for you and your family to access legal guidance when it matters most.
