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.
What it looks like for one family
The same estate, under Alabama’s default plan or under a plan you write, reaches the family two very different ways.
Dying without a will
Alabama’s default plan takes over
Bob Caldwell dies without a will. Because some of his children are from an earlier marriage, Alabama’s intestacy statute gives Peggy only half of his estate — the rest is split among the children, and the whole estate is administered in probate court.
With a will or funded trust
Bob’s actual wishes control
With an estate plan in place, Bob decides who receives what — Peggy is provided for the way he intended, and a funded trust can keep the process private and out of court.
Bob, Peggy, and the Caldwell family are a composite example used to show how the choice plays out — not a real client.
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.