How Alabama intestacy works — who inherits what
If you die without a will, Alabama’s intestacy law writes your plan for you. It splits your property by a fixed formula — and that formula often divides things very differently from how you would have chosen.
These are the questions that matter most when you’re thinking about Alabama intestacy.
Does my spouse inherit everything?
Not necessarily. Your spouse’s share depends on whether your children are also your spouse’s — and whether your parents are still alive.
All your children are also your spouse’s
Spouse: $50,000 + half
- First $50,000 to your spouse
- Plus half of what’s left
- The other half split among your children
You have children from a prior relationship
Spouse: half
- Half of your estate to your spouse
- The other half split among all your children
- Including the children not your spouse’s
What about a long-time partner or stepchildren?
Alabama intestacy doesn’t recognize them.
A partner you never legally married has no inheritance right under the statute, no matter how long you were together. Stepchildren you raised but never legally adopted are treated the same way.
Who else might inherit — parents, siblings, the state?
If you have no surviving spouse and no children, Alabama’s statute keeps looking. Each tier of relatives inherits before the next.
If your parents survive
Your parents inherit first
The statute looks to parents before any other relatives outside spouse and children.
If only siblings or further relatives survive
The statute keeps searching
Siblings inherit next, then nieces and nephews, then aunts and uncles, then more distant cousins.
If no relatives survive at all
Your estate goes to the State of Alabama
Called escheat. Rare in practice — but it’s the statutory endpoint.
What else happens when there’s no will?
Distribution is only one piece. The court also makes several other decisions on its own when you don’t leave instructions.
| What happens | Without a will | With a basic plan |
|---|---|---|
| You name your executor. | ||
| You nominate the guardian you want. | ||
| A funded trust can keep most of it private. | ||
| Probate runs faster and smoother when needed. | ||
| The court picks who manages your estate. | ||
| The court picks a guardian for minor children. | ||
| The full probate process runs. | ||
| Your inventory becomes a public record. |
How Brent helps you
- Walks you through how Alabama would actually divide your specific estate today
- Builds a plan that recognizes the people you care about — including partners and stepchildren
- Drafts your will and trust so the right people inherit, in the order and shares you choose
- Names your executor and guardian — and adds protections probate alone generally doesn’t provide
