What happens when a spouse dies without a will in Alabama?

What happens when a spouse dies without a will in Alabama?

If you die in Alabama without a will, your assets will go to your closest relatives. Not all assets are involved — only those that would have passed through a will are affected by Alabama’s intestate succession laws. If you die with a spouse but no children – Spouse inherits everything.

What happens when someone dies without a will in Alabama?

When an individual dies without a will, they have died intestate. Under Alabama law, a statutory framework determines how a decedent’s estate will be distributed. The surviving spouse’s share of the estate depends on the other heirs of the decedent.

Who are the heirs of an intestate in Alabama?

If the decedent is not survived by a spouse, the estate passes to decedent’s heirs at law in the following order of priority: Children and their descendants; Parents; Brothers and sisters, or, if all are deceased, nieces and nephews; Grandparents, aunts, and uncles or, if all are deceased, to their descendants; and.

What are the rights of a surviving spouse in Alabama?

Under Alabama law, a surviving spouse has a right to share in a decedent’s estate. In essence, a surviving spouse’s Right of Election renders it impossible to disinherit a spouse.

What does it mean to die intestate in Alabama?

It’s best to find out quickly whether the deceased person left a valid Alabama Last Will and Testament . If not, the person is said to have died intestate . Intestate and intestacy are terms used to refer to the condition of having died without a will.

What happens if you die without a will in Alabama?

If you die without a will in Alabama, your assets will go to your closest relatives under state “intestate succession” laws. Here are some details about how intestate succession works in Alabama. Only assets that would have passed through your will are affected by intestate succession laws.

Who is considered an intestate decedent in Alabama?

An intestate decedent is anyone that has passed away without a valid will prepared to dictate the inheritance of his or her real and personal property. For obvious reasons, this isn’t very desirable, as the Alabama state government is required to step in and choose heirs based on the laws of intestate succession.

Who are the heirs to an estate in Alabama?

If the decedent is not survived by a spouse, the estate passes to decedent’s heirs at law in the following order of priority: Children and their descendants; Parents; Brothers and sisters, or, if all are deceased, nieces and nephews; Grandparents, aunts, and uncles or, if all are deceased, to their descendants; and. The State of Alabama.

Under Alabama law, a surviving spouse has a right to share in a decedent’s estate. In essence, a surviving spouse’s Right of Election renders it impossible to disinherit a spouse.