Dying without a will is called dying intestate. When that happens in Alabama, the state's intestate succession statute determines who inherits and in what shares — not the deceased, and not the family. The rules are mechanical, and they sometimes produce results no one in the family would have chosen.
The basic order of priority
Alabama's intestate scheme distributes assets to the closest living relatives in a defined order:
- Spouse and descendants — if both exist, they share. The exact share depends on whether the descendants are also the spouse's descendants.
- Spouse and parents — if there are no descendants, the spouse takes a primary share with parents next in line.
- Descendants alone — children and grandchildren if no spouse.
- Parents — if no spouse or descendants.
- Siblings and their descendants
- More distant relatives — grandparents, aunts, uncles, cousins.
- State of Alabama — if no relatives can be found (rare).
Common surprises
Long-term partners get nothing
Alabama intestate rules give zero to an unmarried long-term partner. No matter how long you lived together, no matter what was understood between you — if you weren't legally married, the law treats you like a stranger to the estate.
Stepchildren get nothing
Unless legally adopted, stepchildren are not heirs under Alabama's intestate scheme. A blended family without a will often produces results the deceased would have considered unjust.
Estranged relatives still inherit
The law cares about legal relationship, not personal relationship. A sibling you haven't spoken to in 20 years inherits the same as a sibling you saw weekly.
Minor children's inheritance is supervised
If a minor child inherits significant assets without a will directing how, those assets typically end up under court supervision until the child turns 19 (Alabama's age of majority). That can mean attorneys, guardians ad litem, court hearings, and accountings — all paid from the inheritance.
Real property and out-of-state issues
If the deceased owned real estate in another state, that property is governed by the other state's intestate rules — potentially requiring a separate ancillary probate there.
The fix is simple: a will
A basic, properly-executed will solves all of this. It lets you name your executor, your beneficiaries, and a guardian for any minor children. It costs a fraction of what intestate administration costs the estate. And it spares your family from sorting out a default the law imposes on them.
The hardest probate cases I see aren't the ones with conflict. They're the ones where everyone agrees on what the deceased would have wanted — but the law gives the assets to someone else because there was no will.
Need probate help — or a will?
Jennifer handles intestate administration when there's no will, and prepares simple wills to prevent the problem in the first place. Schedule a free consultation or call (205) 451-3092.