In the United States, state codes specify how intestate property is to be distributed if someone dies without a valid will or estate plan or if the will does not state how property is to be distributed. These laws of descent and distribution vary by state. Generally, across most states, if a spouse, children, or parents survive the deceased, they acquire the estate in a specific order determined by the state.

Laws of descent and distribution can be complex. Consult a legal professional.

Most states allow for a “spousal share,” ensuring that the spouse receives some portion of the estate, even if other heirs exist. If the deceased is not survived by a spouse, child, parent, or other family members, other heirs are entitled to the deceased’s assets, depending on their degree of kinship. In most states, relatives who share only one biological parent (half-blood relatives) are entitled to receive the same portion of the estate as if they are wholeblood relatives. Additionally, many state laws allow adopted children to be treated the same as biological children. These laws often protect children of the deceased who were born out of wedlock (paternity must be established, generally while the father is alive, if the heir is a child of the father), those conceived before the deceased’s death, and those with alien citizenship status (foreign-born, not naturalized). If no heir (a descendant of the deceased) survives the deceased, the estate is passed to the state.

Laws of descent and distribution can be complex. Potential heirs are advised to consult a legal professional, typically a probate or estate lawyer, who is familiar with the state or jurisdiction on guidance related to inheritance concerns.

Back to Heirs Property in Alabama

Portia Johnson, Extension Specialist, Assistant Professor, Human Sciences; Ryan Thomson, Assistant Professor, Rural Sociology; Adam Rabinowitz, Extension Specialist, Associate Professor, Agricultural Economics; and Katie Keown, Visiting Professor, Agriculture Law, all with Auburn University

Revised July 2024, Heirs Property in Alabama, HE-0852