Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
What Is Intestate Succession in Alabama?
When someone dies without a valid will, Alabama’s intestate succession rules decide how their estate distributes. These rules appear in the Alabama Code Title 43, Chapter 8 (Ala. Code § 43-8-40 and following sections).
Priority of Heirs under Alabama Law
Alabama ranks heirs in a specific order. If there is no surviving spouse, lineal descendants (children, grandchildren) inherit to the exclusion of more distant relatives. Key provisions include:
- Section 43-8-40: Estate to lineal descendants when no spouse survives.
- Section 43-8-41: Distribution per stirpes or per capita among descendants.
Scenario: Two Children and No Spouse
In your scenario, the decedent left behind two children and no spouse. Under Ala. Code § 43-8-40, the entire estate passes to the surviving lineal descendants. Because there are two children:
- Each child receives an equal share (50% of the estate).
- If one child predeceased but left children (grandchildren of the decedent), those grandchildren would split that child’s share per stirpes under Ala. Code § 43-8-41.
Helpful Hints
- Identify all potential heirs before filing an intestate petition with the probate court.
- Gather death certificate, asset inventory, and creditor notices early.
- Consider whether any adopted or posthumous children affect distribution.
- Consult probate procedures in your county to file the correct forms.
- Seek legal advice if any heir disputes the distribution or if unusual assets exist.