What Happens If I Die Without a Will?
Alabama’s intestacy statute divides your estate by a fixed formula — not by your wishes. A surviving spouse does not automatically inherit everything, an unmarried partner inherits nothing, and stepchildren receive nothing unless legally adopted.
What you should know
- If you have children who are not also your current spouse’s, Alabama law generally splits your estate — your spouse may receive only half, with the rest divided among your children.
- An unmarried partner — of any length of time — has no statutory right to inherit under Alabama intestacy.
- Stepchildren do not inherit under Alabama intestacy unless they were legally adopted, regardless of how you raised them.
- The entire intestate estate goes through full probate court, with a court-appointed administrator — public, supervised, and slow.
- Most people are surprised by what Alabama’s default plan would actually do with their specific family.
Do you have the basic documents in place?
Five quick questions about your will. Brent reads your answer back to you at the end.
A 30-second guided check. See whether your wishes — or Alabama’s intestacy statute — would control.