✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Alabama — exactly who inherits under Alabama’s intestate-succession law, and what surprises families most. All shares are from Alabama statute, verified as of June 2026.
In This Alabama Guide:
Who Inherits When There Is No Will in Alabama
Here is exactly how Alabama divides an estate when there is no will:
| If the person leaves… | Who inherits in Alabama |
|---|---|
| Spouse, no children | If the decedent has no surviving children (issue) AND no surviving parent, the surviving spouse inherits the entire intestate estate. If the decedent has no surviving children but IS survived by one or both parents, the surviving spouse receives the first 100000 in value plus one-half of the balance of the intestate estate; the parent(s) receive the remaining half of the balance. |
| Spouse + shared children | If all surviving children are also children of the surviving spouse, the spouse receives the first 50000 in value plus one-half of the balance of the intestate estate. The children split the other half of the balance equally; if a child predeceased the decedent but left descendants, those descendants take that child’s share by representation. |
| Spouse + children from another relationship | If the decedent has one or more surviving children who are NOT children of the surviving spouse (children from a prior relationship), the surviving spouse receives one-half of the intestate estate (no fixed-dollar-amount first, just a flat 50%). The children (all of them, including any shared children) split the other half equally, with descendants of a predeceased child taking by representation. |
| Children, no spouse | The children inherit the entire intestate estate in equal shares. If a child predeceased the decedent but left living descendants, those descendants take the deceased child’s share by representation under Section 43-8-45. |
| No spouse, no children | The estate passes in this priority order under Section 43-8-42: (1) To the decedent’s parent or parents equally. (2) If no surviving parent, to the issue of the parents (siblings and descendants of deceased siblings) by representation. (3) If no surviving issue, parent, or issue of a parent, one-half passes to paternal grandparents (or surviving paternal grandparent, or if both deceased, to their issue by representation) and one-half to maternal grandparents (or surviving maternal grandparent, or if both deceased, to their issue by representation). (4) If only one side has surviving takers, that side takes the whole estate. |
| No living relatives (escheat) | Under Section 43-8-44, if there is no taker under any provision of Article 3, the entire intestate estate passes to the State of Alabama. This occurs only when absolutely no qualifying relative can be found at any level of the statutory priority chain. |
These shares come from Alabama intestate-succession law (Code of Alabama Title 43, Chapter 8, Article 3, Sections 43-8-40 through 43-8-58 (primary sections: 43-8-41 spouse share, 43-8-42 heirs other than spouse, 43-8-44 escheat, 43-8-45 representation, 43-8-46 half blood)).
How Alabama divides shares among descendants: Alabama uses representation (functionally per stirpes). Under Section 43-8-45, when representation applies, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship plus deceased persons in the same degree who left surviving issue.
Each surviving heir in the nearest degree receives one share, and the share of each deceased person is divided among that person’s issue in the same manner. This is sometimes called modified per stirpes or per stirpes with representation.
Alabama homestead and family allowance: Under Section 43-8-110, the surviving spouse is entitled to a homestead allowance of 15000, which is exempt from and has priority over all claims against the estate. If there is no surviving spouse, each minor child and each dependent child of the decedent shares a total homestead allowance of 15000 divided among them.
Under Section 43-8-111 (Exempt Property), the surviving spouse (or minor/dependent children if no spouse) may claim up to 7500 in value of household furniture, automobiles, furnishings, appliances, and personal effects, beyond the homestead allowance.
Under Section 43-8-112 (Family Allowance), the surviving spouse and minor/dependent children are entitled to a reasonable allowance in money from the estate for their maintenance during the period of administration, which may not continue for longer than one year if the estate is inadequate to pay allowed claims. The family allowance has priority over all claims except the homestead allowance and exempt property.
These three allowances (homestead, exempt property, family allowance) are in addition to any share passing by intestate succession or by will.
Half-blood relatives in Alabama: Under Section 43-8-46, relatives of the half blood inherit the same share they would inherit if they were of the whole blood. A half-sibling has the same inheritance rights as a full sibling.
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Assets That Pass Outside Alabama Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside of Alabama intestate succession rules and go directly to the designated beneficiary or surviving joint owner regardless of what the intestacy statutes provide.
Other Alabama intestacy rules: (1) 5-day survivorship rule: Under Section 43-8-43, an heir must survive the decedent by at least 5 days to inherit under intestate succession; if the heir does not survive by 5 days, the estate passes as if that heir predeceased the decedent.
(2) Adopted children: Under Section 43-8-48, an adopted person is the child of the adopting parent and not of the natural parents for inheritance purposes, EXCEPT that adoption by the spouse of a natural parent does not affect the child’s right to inherit from or through either natural parent.
(3) Afterborn heirs: Under Section 43-8-47, relatives of the decedent conceived before the decedent’s death but born after inherit as if they had been born during the lifetime of the decedent. (4) Alabama is NOT a community property state; it follows common law (separate property) rules, which affects what property is actually part of the intestate estate.
(5) Elective share: Under Section 43-8-70, a surviving spouse who is dissatisfied with their share (whether under a will or intestacy) may elect to take one-third of the estate instead, but the right is personal to the surviving spouse and may be waived by written agreement.
What Dying Without a Will in Alabama Really Means
When someone dies without a will in Alabama, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Alabama divides an estate when someone is dying without a will in Alabama, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Alabama helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Alabama depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Alabama, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Alabama Sources & Resources
- Alabama Court Self-Help: https://eforms.alacourt.gov/probate-forms/
- Alabama Intestate Succession Statute: https://alison.legislature.state.al.us/code-of-alabama
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Alabama intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Alabama Wills & Probate Guides
- Alabama Wills & Estate Planning
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- Alabama Small Estate Affidavit
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.