The state supplies the estate plan when there is no will
Dying Without a Will in Alabama: What Happens and Who Inherits
When someone dies without a valid will in Alabama, the state does not automatically take the property. Instead, Alabama intestacy law determines who inherits probate property, and the probate court may appoint an administrator to handle the estate.
The result depends on the surviving family members and on which assets are actually part of the probate estate.
Who inherits under Alabama intestacy law
The surviving spouse’s share depends on whether the decedent also left children or living parents. Under current Alabama law, a spouse receives the entire intestate estate if there are no surviving descendants and no surviving parent. If a parent survives but there are no descendants, the spouse receives the first $100,000 plus one-half of the balance. If all surviving descendants are also descendants of the surviving spouse, the spouse receives the first $50,000 plus one-half of the balance. If one or more surviving descendants are not descendants of the surviving spouse, the spouse receives one-half (as of September 2026, but subject to change).
The balance passes under Alabama’s statutory order to descendants, then parents, then descendants of parents, and then more remote relatives. The precise calculation can become complicated when a family includes children from prior relationships, deceased children with descendants of their own, half-siblings, or multiple generations.
Important exclusions
An unmarried partner does not inherit under Alabama intestacy law simply because of the relationship. A stepchild who was never adopted does not inherit merely by being a stepchild.
Also, intestacy applies only to property that passes through the probate estate. Beneficiary-designated assets, survivorship property, and trust assets may pass under different rules.
How an intestate administration works
A family member or other eligible person petitions the probate court for appointment as administrator. Because there is no will naming an executor or waiving bond, the court applies Alabama’s statutory rules concerning priority and bond.
After appointment, the administrator handles creditor notice, assets, claims, expenses, estate property, recordkeeping, and distribution in much the same way as a personal representative in a testate estate
Why real estate creates problems when estates are ignored
Families sometimes leave real estate in a deceased relative’s name because everyone agrees informally about who owns it. That can create significant title problems
As deaths occur in later generations, ownership interests may multiply. A future sale, mortgage, refinance, insurance claim, or development project can then require multiple estates, heirship determinations, deeds, or partition proceedings that would have been much easier to address earlier.
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Frequently Asked Questions
Does the state take your property if you die without a will in Alabama?
Only in the rare situation where no person qualifies as an heir under Alabama law. In most intestate estates, the issue is not that the state takes the property, but that the statutory formula determines who receives it.
Who can serve as administrator?
Alabama law establishes priority rules for appointment. The surviving spouse and next of kin are among the persons given statutory preference, subject to the court’s authority and qualification requirements.
My parent died without a will and owned a house. Can we just agree who gets it?
An informal family agreement may not produce marketable title. The correct procedure depends on the deed, the heirs, any debts, and whether an estate administration or other title proceeding is needed.
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If a family member died without a will, call (205) 201-1297 or use the consultation form. The first step is to identify the heirs, the assets, and how each asset is titled.
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Carden Legal Services, LLC serves clients in the following Alabama locations: Birmingham, Alabaster, Helena, Pelham, Jefferson County, Shelby County, Chilton County, Montgomery, Prattville, Millbrook, Wetumpka, Tuskegee, Selma, Troy, Greenville, Autauga County, Montgomery County, Elmore County, Tri-County Region, River Region, Central Alabama, Alabama statewide.