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What Happens When Someone Dies Without a Will in Alabama
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Many issues can arise regarding property and other assets following someone’s death. Inheritance depends mainly on how many living relatives remain and their relation to the deceased.
Figure 1. Summary of who inherits property following a death in the state of Alabama.
Source: Zabawa, Robert. 2023. Understanding Heirs Property at the Community Level: Overview, Prevention & Resolution. Southern Rural Development Center, p 18.
| If You Die Having These Heirs | Here Is What Happens |
|---|---|
| Children but no spouse | Children inherit everything. |
| Spouse but no children or parents | Spouse inherits everything. |
| A spouse and children who belong to you and that spouse | Spouse inherits the first $50,000 of your intestate property plus half of the balance of your intestate property. Children inherit the remaining intestate property. |
| A spouse and children who are not that spouse’s children | Spouse inherits half of the intestate property. Children inherit half of intestate property. |
| A spouse and parents | Spouse inherits the first $100,000 of your intestate property plus half of the balance of your intestate property. Parents inherit remaining intestate property. |
| Parents but no children or spouse | Parents inherit everything. |
| Siblings but no children, spouse, or parents | Siblings inherit everything. |
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