What Happens If You Die Without a Will in Alabama?

The surviving spouse's share in Alabama depends on family structure.Ala. Code § 43-8-41Verified Jul 15, 2026 With no children: If no parent survives: entire estate. If parent survives: first $100,000 plus half of the remaining estate.. With shared children: First $50,000 plus half of the remaining estate (when all children are also children of surviving spouse). When children from a prior relationship survive: Half of the estate.

Alabama uses the "per stirpes" distribution method.Ala. Code § 43-8-45Verified Jul 15, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Children inherit equally; grandchildren take their deceased parent's share

Alabama requires an heir to survive the decedent by five days to inherit.Ala. Code § 43-8-41Verified Jul 15, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Alabama intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Ala. Code § 43-8-41Verified Jul 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Alabama will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Alabama depend on estate size and complexity. Estates valued at $47,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Alabama probate cost calculator for a detailed estimate.