When an Alabama resident dies without a valid will, state law — not the family — decides who gets what. This is called dying intestate, and Alabama's intestate succession laws spell out exactly who inherits and in what order. The surviving spouse and children are first in line, but the rules get complicated quickly when both exist, or when there's no immediate family at all.
What does "intestate" mean in Alabama?
Intestate simply means dying without a valid will. Alabama law — specifically Title 43, Chapter 8 of the Alabama Code — steps in to distribute the deceased person's estate according to a fixed priority system called the laws of intestate succession. The court doesn't consider what the deceased person may have wanted or what family members need; it follows the formula in the statute.
Intestate succession only applies to property that would otherwise pass through a will — called probate property. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts) and jointly owned property with right of survivorship pass automatically outside of probate, regardless of whether there's a will.
The most important thing to understand: Alabama's intestate laws may produce results your family wouldn't expect. A surviving spouse doesn't automatically get everything if the deceased had children from a prior relationship. Unmarried partners receive nothing. Stepchildren are not heirs unless legally adopted. A simple will can prevent all of this.
Alabama intestate succession — the priority order
Alabama distributes an intestate estate based on which relatives survive the deceased. The law works through a strict priority ladder — if someone at a higher level survives, the people below them typically receive nothing.
| Situation | Who inherits | Share |
|---|---|---|
| Spouse only (no children or parents) | Surviving spouse | 100% |
| Spouse + children (all from this marriage) | Spouse & children split equally | Spouse gets at least $50,000 + ½ of remainder; children split the rest |
| Spouse + children from prior relationship | Spouse gets ½; children split ½ | 50% / 50% |
| Children only (no spouse) | Children in equal shares | Divided equally |
| No spouse, no children | Parents | Equally if both alive; 100% to survivor |
| No spouse, children, or parents | Siblings | Equally among surviving siblings |
| No close relatives | More distant kin | Per Alabama's extended heir rules |
| No heirs at all | State of Alabama | 100% (escheats to state) |
The spouse and children situation — where it gets complicated
The most common source of confusion — and family conflict — involves estates where there is both a surviving spouse and children. Alabama law treats this differently depending on whether all the children are also the surviving spouse's children.
When all children are the couple's children
If the deceased had children and they are all also children of the surviving spouse, the spouse receives the first $50,000 of the estate plus one-half of the remaining balance. The children divide the other half equally. So in a $200,000 estate: the spouse gets $50,000 + $75,000 = $125,000, and the children split $75,000.
When children are from a prior relationship
If the deceased had any children who are not also children of the surviving spouse — meaning children from a prior marriage or relationship — the surviving spouse gets exactly half. The children split the other half. The $50,000 floor does not apply. This surprises many blended families who assumed the spouse would be protected.
Blended family, $300,000 estate
James dies without a will. He is survived by his wife Linda and two adult children from his first marriage. Under Alabama law, Linda gets $150,000. James's two children split the remaining $150,000 — $75,000 each. Linda and James's own children (if any) would be included in that children's share, not treated separately.
Do children inherit equally in Alabama?
Yes — Alabama intestate law treats all children of the deceased equally, regardless of age, whether they are minors or adults, or whether they were born inside or outside of marriage. A child born to unmarried parents inherits from both the mother and father, provided paternity has been established legally.
Adopted children are treated identically to biological children. Stepchildren, however, do not inherit from a stepparent under intestate law — only legally adopted children do. This is one of the most commonly misunderstood aspects of Alabama succession law.
What about grandchildren?
If a child of the deceased died before the deceased, that child's share passes to their children (the deceased's grandchildren) through a legal concept called per stirpes distribution. The grandchildren collectively inherit the share their parent would have received, divided equally among them.
What a surviving spouse receives in Alabama
Alabama law gives the surviving spouse important protections beyond just the inheritance share. Even in an intestate estate, the surviving spouse is entitled to:
- The intestate share described above (at minimum $50,000 in many scenarios)
- A homestead allowance of $15,000 (exempt from creditors)
- A personal property exemption of $7,500 in household goods, vehicles, and similar items
- A family allowance of up to $12,000 to cover living expenses during estate administration
These allowances are paid before any distribution to other heirs, including children. A surviving spouse may be entitled to $34,500 in protected allowances on top of their inheritance share.
Who is not an heir under Alabama intestate law
Alabama's intestate succession laws only recognize legally defined family relationships. The following people receive nothing under intestate succession, regardless of how close the relationship was:
- Unmarried partners — long-term partners, boyfriends, girlfriends, and fiancés have no inheritance rights unless they were legally married
- Stepchildren — a stepparent's estate does not pass to stepchildren unless they were formally adopted
- Close friends — no matter how devoted
- In-laws — a deceased person's parents-in-law or siblings-in-law are not heirs
- Caregivers — even someone who provided years of care is not an heir
- Charities — charitable organizations receive nothing from an intestate estate
If you want any of these people or organizations to receive anything, you need a will.
Does Alabama recognize common-law marriage?
Alabama abolished common-law marriage for relationships formed after January 1, 2017. If a couple began living together before that date and met the legal requirements for common-law marriage, their relationship may still be recognized. However, proving a common-law marriage in probate court can be complex and contentious. If you were in a long-term relationship without formal marriage and your partner has died, consult an Alabama probate attorney immediately.
The probate process for intestate estates
When someone dies without a will, the estate still goes through Alabama probate court — the process is just slightly different. Instead of appointing an executor named in a will, the court appoints an administrator to manage the estate. Alabama law sets a priority order for who may serve as administrator:
- Surviving spouse
- Adult children of the deceased
- Parents of the deceased
- Siblings of the deceased
- Other heirs
- Any creditor of the estate (after 45 days)
The administrator receives letters of administration from the probate court — the intestate equivalent of letters testamentary — which grants them authority to collect assets, pay debts, and distribute property to heirs. For most North Alabama estates, this process runs through the Madison County Probate Court.
| Governing law | Alabama Code Title 43, Chapter 8 |
| Minimum spouse share (with joint children) | $50,000 + ½ of remainder |
| Spouse share (children from prior relationship) | ½ of total estate |
| Homestead allowance | $15,000 |
| Family allowance | Up to $12,000 |
| Personal property exemption | $7,500 |
| Adopted children treated as | Biological children (equal share) |
| Stepchildren's share | None (unless adopted) |
| Unmarried partner's share | None |
How to avoid intestate succession
The only way to control who inherits your property in Alabama is to have a valid estate plan. At minimum, a properly executed will overrides the intestate succession rules entirely. You decide who gets what — not the state.
A more comprehensive estate plan might also include:
- A revocable living trust to transfer assets outside of probate entirely
- Named beneficiaries on all retirement accounts, life insurance, and bank accounts
- A durable power of attorney for financial decisions if you become incapacitated
- A healthcare power of attorney and advance directive for medical decisions
See our guides on creating a will in Alabama, setting up a trust in Alabama, and Alabama estate planning basics for more detail.