Alabama inheritance laws determine who receives your estate when you die. With a valid will, your assets go to the people you named. Without a will, Alabama's intestate succession laws decide — typically splitting assets between your spouse and children in ways that may not reflect your wishes. Alabama has no inheritance tax and no estate tax.
Alabama inheritance laws with a will
If you have a valid Alabama will, your estate is distributed according to your instructions — to the people and organizations you named, in the amounts you specified. Your executor carries out those instructions under court supervision through the Alabama probate process.
A valid Alabama will must be in writing, signed by the testator (you), and witnessed by at least two people who are not beneficiaries. See our guide on Alabama will requirements for full details.
Alabama inheritance laws without a will — intestate succession
If you die without a will in Alabama, your estate passes by intestate succession — a fixed formula set by state law. The formula depends on which family members survive you:
| Spouse only (no children) | Spouse inherits everything |
| Children only (no spouse) | Children split everything equally |
| Spouse + children of that spouse | Spouse gets first $50,000 + half the rest; children split the remainder |
| Spouse + children from prior relationship | Spouse gets half; children from prior relationship split the other half |
| No spouse, no children | Parents, then siblings, then more distant relatives |
| No surviving relatives | Estate escheats (goes) to the State of Alabama |
For a deeper look at the no-will scenario, see our full guide on Alabama intestate succession.
Spousal inheritance rights in Alabama
Alabama gives surviving spouses strong inheritance rights. Even if you have a will that leaves nothing to your spouse, Alabama's elective share law allows a surviving spouse to claim a portion of the estate — typically one-third — regardless of what the will says. This prevents a spouse from being completely disinherited.
The elective share applies to the "augmented estate" — which includes not just probate assets but also certain transfers made during the deceased spouse's lifetime.
Children's inheritance rights in Alabama
Unlike spouses, children have no automatic right to inherit in Alabama if there's a valid will. A parent can legally disinherit a child — but the will should make that intention explicit. Courts are reluctant to assume a child was accidentally omitted.
Pretermitted children — children born or adopted after a will was signed who weren't mentioned in it — may have a right to an intestate share under Alabama law unless the will shows the omission was intentional.
Does Alabama have an inheritance tax?
No — Alabama does not have an inheritance tax. Beneficiaries do not pay state tax on assets they inherit. Alabama also has no state estate tax. The only potential tax exposure is the federal estate tax, which in 2025 applies only to estates exceeding $13.61 million. See our guide on Alabama estate tax for more.
The real risk of no will: Alabama's intestate formula is logical but rigid. It cannot account for your specific relationships, your children's different needs, a disabled family member who might lose benefits from an inheritance, or property that should stay in the family. A will — or a full estate plan — is the only way to ensure your wishes are followed.
How beneficiary designations interact with Alabama inheritance laws
Many assets pass outside of your will entirely through beneficiary designations — life insurance policies, retirement accounts (IRA, 401k), bank accounts with POD (payable on death) designations, and jointly owned property. These assets go directly to the named beneficiary regardless of what your will says.
This is why estate planning is about more than just a will — your beneficiary designations must be reviewed and updated regularly to ensure everything works together as intended.