Alabama Probate Without a Will (Intestacy)

When someone dies without a will in Alabama, the estate is distributed according to the state's Intestacy statutes §43-8-40. Alabama does not recognize holographic (handwritten, unwitnessed) wills, so if no properly executed will is found, intestacy rules apply. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving descendants or parents
• Spouse receives first $100,000 plus half the balance if the deceased has surviving parents but no children
• Spouse receives first $50,000 plus half the balance if there are surviving children who are also children of the surviving spouse
• Spouse receives half of the estate if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Children (and their descendants) inherit equally
• If no children: parents inherit equally
• If no parents: siblings (and their descendants) inherit equally
• More distant relatives inherit only when closer relatives do not survive

Without a will naming an Executor, the court appoints an administrator. Alabama law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion. Priority must be claimed within 40 days of death or it may be deemed waived.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes