Alabama Intestate Succession: Who Inherits When There Is No Will?

When someone dies without a valid will in Alabama, the state makes the inheritance decisions for them. Alabama's intestate succession laws — found in Title 43 of the Alabama Code — establish a fixed hierarchy of who inherits, in what order, and in what proportions. The results often surprise families. A surviving spouse does not necessarily inherit everything. An unmarried partner inherits nothing. Stepchildren are left out unless legally adopted.

At Colvin & Sawyer Law Offices, we help families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and throughout Alabama understand what the law says — and why a proper estate plan is the only reliable way to ensure your wishes are honored.

How Alabama Intestate Succession Works

Married with Children

Your surviving spouse receives the first $50,000 of your estate plus one-half of the remainder. Your children share the other half equally. On a $300,000 estate, your spouse gets $175,000 and your children split $125,000.

Married, No Children

Your surviving spouse inherits your entire estate.

Children, No Spouse

Your children inherit everything equally. If a child has predeceased you, their share passes to their children (your grandchildren).

No Spouse, No Children

Your estate passes to your parents if living, then siblings, then more distant relatives following Alabama's statutory order.

Who Does NOT Inherit Under Alabama Intestate Law

• Unmarried partners — regardless of the length or nature of the relationship
• Stepchildren — unless legally adopted
• Close friends — no matter how important to you
• Charities or organizations
• Estranged relatives you don't want to inherit — may inherit anyway if next in the statutory line

The Only Fix: A Proper Alabama Estate Plan

If Alabama's intestate succession rules do not match your wishes — and for most people they do not — the solution is a valid will or a revocable living trust. Either way, you decide who inherits. See: What Happens If You Die Without a Will in Alabama? and Alabama Estate Planning Attorney.

Christopher Colvin

Founder, Colvin & Sawyer Law Offices | Probate & Estate Planning Attorney

Christopher Colvin is an Alabama probate and estate planning attorney and honor graduate of the Birmingham School of Law. He helps families across Birmingham, Mountain Brook, Hoover, and all of Alabama protect their assets and ensure their wishes are honored.