Determining who inherits property in Alabama when a person dies without a will (intestate) can be complex. Alabama law dictates a specific order of inheritance, prioritizing close family members. This guide clarifies who is considered an heir in Alabama and the intricacies of intestate succession.
The Order of Inheritance in Alabama
Alabama's intestacy laws follow a hierarchical structure. The state prioritizes distributing the deceased's estate to the closest relatives. Here's a breakdown:
1. Spouse and Children
- Spouse and Children: If the deceased leaves a spouse and children, the spouse typically inherits the first $100,000 of the estate plus one-half of the remaining assets. The children inherit the other half.
- Spouse and No Children: If there's a spouse but no children, the spouse generally inherits the entire estate.
- Children and No Spouse: If there are children but no spouse, the children inherit the entire estate equally.
2. Descendants
If there's no surviving spouse, the inheritance passes to the deceased's descendants (children, grandchildren, and so on). This is done per stirpes, meaning that if a child has predeceased the deceased, that child's share goes to their surviving children (the grandchildren of the deceased).
3. Parents
If there are no surviving spouse or descendants, the estate passes to the deceased's parents. If only one parent survives, that parent inherits the entire estate. If both parents are alive, they inherit the estate equally.
4. Siblings and Their Descendants
If the deceased has no spouse, descendants, or parents, the estate passes to the deceased's siblings and their descendants (nieces and nephews). Similar to descendants, inheritance is per stirpes.
5. Grandparents
If there are no spouse, descendants, parents, or siblings and their descendants, the estate passes to the deceased's grandparents. If only one grandparent survives, they inherit the entire estate. If multiple grandparents survive, inheritance is divided equally.
6. Aunts and Uncles and Their Descendants
Continuing down the line, if no closer relatives survive, the estate passes to the deceased's aunts and uncles and their descendants (first cousins).
7. Escheat to the State
Finally, if there are no surviving relatives who fit the above categories, the estate escheats—passes to—the state of Alabama.
Factors Affecting Inheritance
Several factors can complicate Alabama's intestate succession laws:
- Adopted Children: Generally, adopted children inherit from their adoptive parents and vice-versa.
- Half-Siblings: Half-siblings (sharing only one parent) inherit in the same manner as full siblings.
- Unmarried Partners: Unmarried partners do not automatically inherit under Alabama law. A will or other legal arrangement is necessary to provide for inheritance.
- Disinheritance: While rare in intestacy (absence of a will), a deceased individual may specifically exclude certain heirs from inheriting through a properly executed will.
Seeking Legal Advice
Alabama's intestacy laws are intricate. The information provided here is for general guidance only and should not be considered legal advice. If you have questions about inheritance in Alabama, particularly regarding a specific situation, consulting with an experienced Alabama probate attorney is crucial to ensure your rights and interests are protected. They can provide accurate interpretation of the law based on your unique circumstances and assist in navigating the probate process.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for advice tailored to your specific situation.
