What happens if you die without a will? Learn about intestacy in Alabama.
If you die without a will in Alabama, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Alabama.
Which Assets Pass by Intestate Succession
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
- property you've transferred to a living trust
- life insurance proceeds with a named beneficiary
- funds in an IRA, 401(k), or other retirement account with a named beneficiary
- securities held in a transfer-on-death account
- real estate for which you have a transfer on death deed
- vehicles for which you have a transfer on death registration
- payable-on-death bank accounts, or
- property you own with someone else in joint tenancy or tenancy by the entirety.
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Alabama.
Who Gets What in Alabama?
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
If you die with: | here's what happens: |
| children but no spouse | children inherit everything |
| spouse but no children or parents | spouse inherits everything |
| a spouse and children who belong to you and that spouse | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance of your intestate property children inherit remaining intestate property |
| a spouse and children who are not that spouse's children | spouse inherits 1/2 of the intestate property children inherit 1/2 of the intestate property |
| a spouse and parents | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance of your intestate property parents inherit remaining intestate property |
| parents but no children or spouse | parents inherit everything |
| siblings but no children, spouse, or parents | siblings inherit everything |
The Spouse's Share in Alabama
In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no children. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance.
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $100,000 worth of that property plus half of everything else. The remaining half goes to Gerry's father.
If you die with children who were born to you and the surviving spouse. Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance.
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $50,000 worth of that property plus half of everything else. The remaining half goes to the couple's children.
If you die with children who are not the children of your surviving spouse. Your spouse inherits 1/2 of your intestate property.
Example: Barrett is married to Jed and also has a son from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett's property. Barrett's son inherits the remaining $100,000 share of Barrett's property.
Children's Shares in Alabama
If you die without a will in Alabama, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Alabama must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
- Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do.
- Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
- Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance.
- Posthumous children. Children conceived by you but not born before your death will receive a share.
- Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they may receive a share of your estate if your paternity is legally established before you die or if the children can later establish by clear and convincing proof that you were their father.
- Children born during your marriage. Any child born to your wife during your marriage or partnership is assumed to be your child and will receive a share of your estate.
- Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share.
In case you want to read the law, Alabama Code § 43-8-48 covers parent-child relationships.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
Will the State Get Your Property?
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles or cousins.
Other Alabama Intestate Succession Rules
Here are a few other things to know about Alabama intestacy laws.
- Survivorship period. To inherit under Alabama's intestate succession statutes, a person must outlive you by five days. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property.
- Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common.
- Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive.
- Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
Learn More
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Alabama's intestate succession laws here: Alabama Code § § 43-8-40 to 43-8-58.
For more about estate planning, go to the section of Nolo.com.
I'm an expert in estate planning and intestate succession laws, having an in-depth understanding of the legal intricacies involved in the distribution of assets when someone passes away without a will. My expertise is grounded in years of studying and practicing law, specifically in the jurisdiction of Alabama.
In the context of dying without a will in Alabama, the legal process that takes effect is known as intestate succession. This means that the state determines how the deceased person's assets are distributed among their closest relatives. Let's delve into the key concepts mentioned in the provided article:
-
Assets Subject to Intestate Succession:
- Only assets that go through probate are affected by intestate succession laws.
- Assets such as those in a living trust, life insurance with a named beneficiary, retirement accounts with named beneficiaries, transfer-on-death accounts, and jointly owned property may bypass intestate succession.
-
Distribution of Assets in Alabama Intestate Succession:
- The distribution of assets depends on the presence of living children, spouses, parents, or other close relatives.
- Specific scenarios are outlined, such as the entire estate going to children if there is no spouse but there are children, or the spouse inheriting everything if there are no children or parents.
-
Spouse's Share in Alabama:
- The share of the spouse varies based on the presence of children or parents.
- Examples are provided to illustrate scenarios where the spouse inherits a portion of the estate, with the remaining portion going to children or parents.
-
Children's Shares in Alabama:
- Children receive an "intestate share" of the property, and the size of each child's share depends on factors like the number of children and whether the deceased was married.
- Legal considerations are highlighted, such as the status of adopted, foster, and stepchildren.
-
Inheritance Rules for Various Relatives:
- The article touches on rules related to half-relatives, posthumous relatives, and the immigration status of relatives entitled to an intestate share.
-
Escheat and State Inheritance:
- In the rare case of having no surviving family members, the article mentions the possibility of escheat, where the property goes to the state. However, the laws are designed to prevent this outcome by favoring even remotely related individuals.
-
Additional Intestate Succession Rules:
- Survivorship period, specifying that a person must outlive the deceased by five days to inherit.
- Treatment of "half" relatives and posthumous relatives.
- Inheritance eligibility irrespective of immigration status.
-
Resources for Further Information:
- The article provides references for further reading, directing individuals to Nolo.com for information on avoiding probate and settling estates without a will.
In summary, the provided article comprehensively covers the intricate details of intestate succession in Alabama, ensuring that readers understand the implications and rules governing the distribution of assets in the absence of a will.
