How Alabama Intestate Succession Works for Children — Clear FAQ

Short answer: If a person dies in Alabama without a will and is survived by children but not a spouse, the estate is divided equally among the decedent’s living children. If a child of the decedent died before the decedent but left descendants (grandchildren of the decedent), those descendants generally take the deceased child’s share by representation (per stirpes). If there is both a surviving spouse and children, Alabama’s intestacy rules (see the Code of Alabama, Title 43 — Descent and Distribution) determine how the estate is split between the spouse and the children.

Detailed answer — how succession among children works in Alabama

This answer explains two related issues often asked together: (A) how the estate is distributed to children when there is no will (intestate distribution), and (B) how appointment of an estate administrator is prioritized among children when someone dies without a will.

A. Distribution to children (intestate succession)

Under Alabama’s intestacy rules, children are primary heirs. Key rules you should know:

Equal shares among surviving children: If the decedent is survived by children and no spouse, the estate is divided equally among the decedent’s living children.
Representation (per stirpes): If a child of the decedent died before the decedent but left children (the decedent’s grandchildren), those grandchildren step into the deceased child’s place and split that deceased child’s share. That means the deceased child’s branch receives one share that is divided among that child’s descendants.
No will = statutory rules apply: Because there is no will, the Code of Alabama’s descent and distribution rules control distribution of assets to heirs. For the exact statutory framework see the Code of Alabama (Title 43 — Descent and Distribution): https://www.legislature.state.al.us/
Adopted children and nonmarital children: Alabama law generally treats legally adopted children the same as biological children for inheritance. Legitimation or paternity determinations can affect inheritance rights for children born out of wedlock—seek counsel if paternity or adoption issues are present.
Stepchildren: Stepchildren inherit only if they were legally adopted or otherwise included under statute or agreement; being a stepchild alone does not give an automatic intestate share.

Examples

Example 1 — Three living children, no spouse: Each child receives 1/3 of the estate.
Example 2 — Three children where Child B predeceased the parent but left two children (grandchildren): Child A and Child C each receive 1/3, and the two grandchildren split Child B’s 1/3 (so each grandchild gets 1/6).
Example 3 — Surviving spouse and one child: Alabama rules determine the split between spouse and child depending on the estate facts (amount and type of property). For the statutory scheme see Title 43 of the Code of Alabama: https://www.legislature.state.al.us/

B. Who becomes the administrator (priority among children)

When someone dies without a will, a probate court appoints a personal representative (often called an administrator). The court prefers certain people in a statutory priority list. Typically the surviving spouse has first priority. If appointment passes to children, the court often will appoint a single administrator chosen by agreement among heirs or, if they contest, may appoint one or more children or another suitable person. Practically:

If the decedent has a surviving spouse, the spouse often has priority to serve as administrator.
If there is no spouse or the spouse does not serve, adult children may petition the probate court to be appointed administrator. Multiple children can serve jointly if the court approves and if they agree.
If children cannot agree or are unsuitable, the court may appoint another priority heir (parents, siblings) or a neutral administrator.

Because appointment rules and local practice can vary, it’s common for adult children to agree on one administrator to avoid contested proceedings and added expense.

Practical steps and what to do next

Gather family and estate information: list all children, grandchildren, marital status, and assets (bank accounts, real estate, safe-deposit boxes, life insurance, retirement accounts).
Determine if there is any will, trust, or beneficiary designation that overrides intestate succession.
Check for adoption or paternity records if inheritance rights could be contested.
Talk with the probate court clerk in the county where the decedent lived to learn local filing steps for opening intestate probate and the administrator appointment process.
Consider hiring an Alabama estate or probate attorney when heirs disagree, when the estate is complex, or when significant assets or creditors are involved.

Helpful Hints

Per stirpes vs. per capita: Alabama follows representation rules so grandchildren can inherit the share of a deceased parent (per stirpes). Use the example above to explain how shares are calculated.
Confirm legal adoption or legitimate son/daughter status before relying on intestate expectations.
If multiple children want to serve as administrator, discuss appointing one and compensating them rather than undertaking a contested appointment.
Life insurance and many beneficiary-designated assets pass outside probate to named beneficiaries—check account paperwork before assuming those assets are part of the intestate estate.
Probate timelines and fees vary by county—contact the probate court early to avoid missed deadlines or claims by creditors.

When to get help from an attorney

Consider consulting an Alabama probate attorney if:

Heirs dispute who should receive what or who should serve as administrator.
There are likely creditors, business interests, or complex assets (like out-of-state real estate).
Paternity, adoption, or estate planning records are unclear or contested.
You need to interpret statutory rules for spouse-versus-children splits or to file formal probate petitions.

Disclaimer: This article explains general principles of Alabama intestate succession and estate administration. It is educational only and not legal advice. An attorney licensed in Alabama can advise about your specific situation and represent you in probate proceedings.

For the statutory framework, see the Code of Alabama (Title 43 — Descent and Distribution): https://www.legislature.state.al.us/