How to claim your share of a parent’s estate in Alabama when there is no will

Quick note: This article explains general Alabama probate rules and common practical steps. It is educational only and not legal advice. For help with specific facts, talk to a licensed Alabama probate attorney or contact the probate court in the county where the decedent lived.

Detailed answer — Overview of the process under Alabama law

If your mother died without a will (intestate) in Alabama, state intestacy law determines who inherits and how the estate is handled. The basic steps to claim your share are:

Identify the heirs and the estate’s assets and debts.
Open probate or other authorized estate process in the county probate court where your mother lived.
Obtain appointment as the personal representative (administrator) or accept appointment if the court names someone else.
Collect and secure estate assets, give notice to creditors, deal with taxes and debts, and prepare required inventories/accountings.
Ask the probate court for distribution of the remaining assets according to Alabama’s intestate succession rules.

Alabama’s intestacy rules (found in the Alabama Code governing wills and estate administration) set who inherits when there is no will. The probate court oversees administration, approves the personal representative, and supervises distribution. You can view Alabama’s code and probate resources through the Alabama Legislature and Alabama court websites: Alabama Code (Legislature) and Alabama Judicial System.

Who generally inherits when a parent dies intestate in Alabama?

Under Alabama intestacy rules, the closest surviving relatives inherit. Typical outcomes include:

If the decedent is survived by a spouse and children, both have inheritance rights under state law.
If the decedent has children but no spouse, the children inherit the estate, usually in equal shares.
If no spouse or children survive, more distant relatives (parents, siblings, etc.) may inherit.

Exact shares depend on the family situation and the statute. For the definitive legal text, consult the Alabama Code provisions on wills and intestate succession through the Alabama Legislature website: https://www.legislature.state.al.us/.

Step-by-step practical guide to claiming your share

Get a certified copy of the death certificate. The probate court and banks will require it.
Locate important documents and list assets. Gather bank statements, titles, insurance policies, deeds, beneficiary designations, and information about retirement accounts. Some assets (payable-on-death accounts, life insurance with named beneficiary, joint accounts with rights of survivorship) pass outside probate.
Determine whether probate is required. Many estates must go through probate. Some small estates can use simplified procedures. The county probate court can tell you whether an abbreviated procedure is available and its dollar limits.
File a petition for administration in probate court. The usual first step is to file in the probate court of the county where your mother lived. The court will appoint a personal representative (also called an administrator) to manage the estate if there is no nominated executor.
If you want to be the personal representative, ask the court to appoint you. Heirs can petition to serve. The court will look for the proper person under Alabama rules for appointment. If someone else is appointed, heirs still have rights to distributions as determined by law and court orders.
Notify heirs and creditors. The personal representative must notify known heirs and publish notice to creditors as required by law. Creditors get a limited time to make claims against the estate.
Inventory, value, and manage estate property. The personal representative collects assets, safeguards property, and may need appraisals for real property or business interests.
Pay debts, final bills, and taxes. The estate must pay valid debts and any due taxes before distribution. If assets are insufficient, distributions may be reduced under statutory priority rules.
Ask the court for distribution. After debts and expenses are handled, the personal representative will petition the court for final distribution according to Alabama intestacy law. The court will enter an order authorizing distributions to heirs.
Receive your share. Once the court orders distribution, the personal representative delivers each heir’s portion.

What if someone refuses to share or there is a dispute?

If heirs disagree about the assets, the accounting, or the personal representative’s actions, raise the issue with the probate court. The court can resolve disputes, remove or replace a personal representative for cause, and enforce estate accounting and distribution. If you suspect wrongdoing (e.g., assets hidden or improper transfers), you may need to ask the court to compel records or seek removal of the administrator.

Small estates and alternatives to full probate

Some estates qualify for simplified procedures or small estate affidavits that let heirs collect certain assets without full probate. The availability and dollar limits vary. Check with the local probate court or an attorney about whether you can use a simplified process.

When to get an attorney

Consider hiring an Alabama probate attorney if:

The estate has significant assets or debts.
There are disputes among heirs or a contested appointment of a personal representative.
There are complex assets (business interests, out-of-state real estate, or complicated tax issues).
You need help with creditor claims, accountings, or court filings.

Helpful Hints

Contact the county probate court clerk where your mother lived to learn local filing steps, forms, and fees.
Keep careful records: inventories, receipts, communications with banks and creditors, and court filings.
Ask banks and institutions whether an account is probate property or passes directly to a beneficiary or joint owner.
Don’t distribute assets until the court authorizes it. Early distribution can create personal liability if creditors later appear.
If you are named as the personal representative, get a bond if required and keep the court informed with inventories and accountings.
If you cannot locate a will after a diligent search, tell the probate court. Absence of a will triggers intestacy procedures.
Use certified copies of the death certificate for banks and title companies; they will not accept photocopies for many transactions.
Keep in mind taxes: estates may owe federal estate tax or state taxes in specific situations; consult a tax professional if the estate is large.

Resources — Probate court in the county where your mother lived is the primary starting point. For statutory language and official references, see the Alabama Legislature website: https://www.legislature.state.al.us/. For general court and probate information, see the Alabama Judicial System: https://judicial.alabama.gov/.

Final reminder: This is general information only and not legal advice. Laws change and every situation is different. For advice tailored to your facts, contact a licensed Alabama probate attorney or the local probate court.