When there is no will in Alabama
Who inherits under the state's intestacy law, and what that means for the people left to sort things out.
Last updated May 11, 2026. Sources are linked at the bottom of the page.
No will does not mean no plan
When someone dies without a valid will, the state's intestacy law decides who inherits. It is a fixed formula based on who survived them: spouse, children, parents, siblings, and so on. The court still appoints someone to settle the estate; they just follow the statute instead of a will. Assets with a named beneficiary, joint accounts, and trust property are not affected by any of this.
Who inherits in Alabama
Alabama has adopted portions of the Uniform Probate Code. Surviving spouse takes a statutory share when there are descendants or surviving parents; otherwise the spouse takes the entire estate. Descendants, then parents, then siblings inherit if there is no spouse.
| Governing statute | Ala. Code Title 43, Chapter 8 |
|---|---|
| Read the statute | alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm |
Two things families get wrong
- Unmarried partners inherit nothing under intestacy. No matter how long the relationship, intestacy law in nearly every state recognizes only legal spouses and blood or adopted relatives. A partner's protection comes from beneficiary designations, joint ownership, or a will that was never written.
- Stepchildren usually are not heirs unless they were legally adopted. The statute above is the authority for your state.
The estate may still qualify as a small estate
Having no will does not rule out the simplified procedure. If the estate meets Alabama's small-estate limits, the shortcut is usually available. See probate in Alabama for the threshold.
Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Alabama.
More for Alabama
- Death certificates
- Probate and small estates
- Cremation rules
- Estate taxes and life insurance
- All Alabama topics
Primary sources
- Ala. Code Title 43, Chapter 8: alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm