Intestate Succession in Alabama
State-specific overview · Estate & Probate
Alabama distributes intestate estates to spouses and descendants first, then to parents and collateral heirs.
How Alabama treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives one-third of the estate and children split the remainder equally. If no spouse exists, all children inherit equally. Alabama follows a standard per stirpes distribution, meaning descendants of a predeceased child inherit their parent's share. The state's intestacy rules are codified in the Alabama Code and apply when no valid will exists.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Alabama.