What Happens if You Die Without a Will in Alabama?
If you die without a will in Alabama, inheritance is based on intestate succession, rules that account for your marital status and family relationships, along with the value of any property and assets. Let's break those rules down below.
If You are Married with Children
In Alabama, your spouse inherits a significant share of your estate if they survive you, but the exact amount depends on whether your children are also your spouse's children.
- If your spouse survives you and all of your children are also your spouse's children, your spouse inherits the first $50,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest, divided equally.
- If your spouse survives you but you have children from another relationship, your spouse inherits 1/2 of your estate. Your children inherit the other 1/2, divided equally.
If You are Married Without Children
Your spouse inherits all of your estate if your parents are not still living. If you have living parents, your spouse inherits the first $100,000, plus 1/2 of the remaining balance, and your parents inherit the rest.
If You Don't Have a Spouse, but Have Children
Your children divide your assets equally among themselves.
If You Don't Have a Spouse or Children
Your closest living relatives will inherit your assets, starting with your parents, then moving to your siblings, and on to grandparents, aunts, uncles, and cousins.
If No Living Relatives Can Be Found
Your property reverts to the state of Alabama. Although, it’s important to note that this is a very rare occurrence as the state will conduct a thorough search for even distant relatives before determining who inherits your estate.
Other Things to Know about Dying Without a Will in Alabama
- Stepchildren and unmarried partners are not recognized as legal heirs under Alabama's intestate succession rules unless a stepchild was legally adopted.
- Children inherit their share outright at age 19, Alabama's age of majority, regardless of financial maturity.
- Half-relatives generally inherit the same as whole relatives would.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Alabama, your estate still typically needs to go through probate unless the personal property is valued at roughly $47,000 or less (as of 2026), which qualifies for Alabama's summary distribution process. Real estate cannot use this shortcut and generally requires full probate or a non-probate transfer such as joint ownership.
Check out our article to learn more about probate in Alabama.
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