AL risk area

Intestacy risk in Alabama

How assets are distributed when there is no will and state default rules control the outcome.

Alabama intestacy rules set spouse shares based on whether parents or descendants survive and whether all children are from the current marriage.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If no surviving descendants or parents, the spouse inherits the entire intestate estate.
If parents survive but no descendants, the spouse receives the first $100,000 plus one-half of the balance.
If all descendants are also the spouse's, the spouse receives the first $50,000 plus one-half of the balance.
If any descendant is not the spouse's, the spouse receives one-half of the intestate estate.

Questions to consider

State overview

Alabama intestacy rules set spouse shares based on whether parents or descendants survive and whether all children are from the current marriage.

If no surviving descendants or parents, the spouse inherits the entire intestate estate.
If parents survive but no descendants, the spouse receives the first $100,000 plus one-half of the balance.
If all descendants are also the spouse's, the spouse receives the first $50,000 plus one-half of the balance.
If any descendant is not the spouse's, the spouse receives one-half of the intestate estate.
Any remaining balance passes to descendants, then parents, then siblings and more remote relatives.
An heir must survive the decedent by five days to inherit under intestacy.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in Alabama.