Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a person dies without a valid will in Alabama, the probate court oversees the estate’s administration under the intestacy rules set out in Title 43 of the Alabama Code. The court appoints a personal representative (also called an administrator) who identifies all real and personal property, inventories it, settles debts, and distributes what remains to heirs according to statute.
1. Identifying Real and Personal Property
Real property includes land and structures attached to the land (e.g., homes, commercial buildings). Personal property covers movable items, bank accounts, investments, vehicles, and household goods. These classifications align with general property definitions under Ala. Code § 43-2-2.
2. Inventorying the Estate
The personal representative must file a sworn inventory listing every asset and its value. This inventory must be submitted to the probate court within 90 days of appointment. It ensures transparency and protects heirs’ rights. See Ala. Code § 43-2-31.
3. Distributing Assets Under Intestate Succession
Alabama’s intestacy statutes (Title 43, Chapter 8) govern how assets pass when there is no will. The general order is:
- Spouse
- Descendants (children, grandchildren) per stirpes or per capita, depending on the statute
- Parents
- Siblings and their descendants
- More distant relatives or the state if no heirs exist
Key provisions include:
- Ala. Code § 43-8-191 – Spouse’s share when there are descendants all of whom are also descendants of the surviving spouse.
- Ala. Code § 43-8-199 – Distribution to descendants if no surviving spouse.
4. Illustrative Example
Suppose Mary dies intestate owning a house worth $200,000, a $50,000 bank account, a surviving spouse, and two children. Under § 43-8-191, the spouse receives the first $50,000 plus one-half of the remaining estate. The two children share the other half equally.
Helpful Hints
- Begin by locating deeds, account statements, and titles to identify all assets.
- Hire a licensed appraiser to value real property accurately.
- File the inventory promptly with the probate court to avoid delays or sanctions.
- Keep detailed records of estate expenses, debts, and distributions.
- Consider consulting an attorney for complex family dynamics or high-value estates.