Understanding Your Rights as a Surviving Spouse in Alabama When Your Spouse Dies Intestate

Disclaimer: This article is educational only and is not legal advice. Laws change and every case is different. Consult a licensed Alabama probate attorney to protect your rights.

Detailed Answer — What rights you generally have in Alabama when a spouse dies without a will

If your spouse died without a will (died “intestate”) and members of your spouse’s family are making decisions or excluding you, Alabama law gives you several important rights and procedural steps you can take to protect your interests. Below is a plain-language overview of how the system usually works and what you can expect.

1. You are the primary person entitled to administer the estate

When someone dies intestate in Alabama, the probate court will appoint an administrator (sometimes called a personal representative) to handle the estate. As the surviving spouse, you have the foremost right to ask the probate court to be appointed as administrator. If you do not ask, another interested person (including a family member) may apply. If someone else is appointed and is refusing to cooperate with you, you can ask the court to remove or replace that administrator for cause.

See Title 43 of the Alabama Code for statutes governing appointment and duties of personal representatives. (Start here: Alabama Code Table of Contents — see the probate/estates provisions.)

2. Inheritance rights under intestacy

Alabama’s intestacy laws (the statutory rules that decide who inherits when there is no will) allocate the decedent’s assets to heirs according to family relationships. As surviving spouse you will be entitled to inherit under those rules. The exact share depends on whether the decedent left children (and whether those children are also the children of the surviving spouse), parents, or other relatives.

Intestate succession rules are located in the Alabama Code; look for the chapters on intestate succession in Title 43 for specifics. (Alabama Code (Title 43).)

3. Immediate protective rights: family allowance, exempt property, and homestead

Even before the estate is fully settled, Alabama law generally provides short-term protections for a surviving spouse such as a family allowance (an amount to help pay living expenses during administration), exempt personal property, and a homestead allowance in some cases. Those protections help ensure you have funds and essential property while the probate process moves forward.

These benefits and the process to claim them are set out in probate statutes and local probate-court procedures. See Title 43 for statutory provisions and contact the county probate court promptly to file claims.

4. Access to information and estate assets

If someone else is acting as administrator, they must provide required notices, inventories, and accountings to the court and to interested parties (including you as spouse). If an administrator is withholding information or access to estate assets, you can ask the probate court for enforcement — for example, to order an inventory, an accounting, or turnover of property.

5. Property owned jointly or by survivorship

Not all assets go through probate. Assets held as joint tenants with rights of survivorship, certain retirement accounts with a named beneficiary, and assets titled in both spouses’ names may pass outside probate directly to the surviving spouse. Real property held as tenancy by the entirety (where recognized) automatically vests in the surviving spouse at death. Check titles and account beneficiaries promptly.

6. What to do if the decedent’s family is cutting you out

• File an application with the county probate court to be appointed administrator (letters of administration). This lets you lead estate administration and access estate records.
• If another person has already been appointed and is acting improperly, file a petition in probate court to require an inventory, demand an accounting, remove the personal representative, or obtain injunctive relief to stop property loss.
• If you are being denied access to the decedent’s home or to personal property, seek immediate help from the probate court; in some circumstances law enforcement may help enforce court orders.
• Document all communications: keep records of who said or did what, notes of phone calls, texts, emails, and copies of any documents you receive.

7. Time limits and deadlines

Probate has procedural rules and deadlines (for filing to open an estate, to file claims, to contest appointments, etc.). Acting promptly preserves your rights — for instance, to be appointed administrator or to claim family allowances and exempt property. Contact the local probate court immediately for deadline information or talk to an attorney.

8. When to involve an attorney

If family members are excluding you, refusing to cooperate, hiding assets, or making questionable transactions, a probate attorney can quickly advise you about filing for appointment, filing emergency motions, and pursuing full accounting and asset recovery in probate court. If the estate involves complex assets, real estate, business interests, or substantial sums, legal help is strongly recommended.

How to start — practical first steps

1. Get multiple certified copies of the death certificate from the funeral director.
2. Locate and secure the decedent’s important documents: deeds, titles, bank statements, life insurance policies, retirement-account beneficiary forms, and any estate-planning documents.
3. Contact the county probate court where the decedent lived. Ask how to open an intestate estate and how to apply for letters of administration.
4. File for appointment as administrator if you want to run the estate, or ask the court for emergency relief if family members are dissipating assets.
5. Consider consulting a probate attorney in Alabama — many offer an initial consultation to explain options and timelines.

Where to find the law and local help

• Alabama Code (probate and decedents’ estates): Alabama Code Table of Contents (1975). Look under the Title for probate/estates (decendents’ estates and intestate succession chapters).
• Find your county probate court and local procedures: Alabama Judicial System (site lists courts and contact information).
• Alabama State Bar Lawyer Referral and other local legal aid resources can help you find affordable counsel if needed.

Helpful Hints

• Act quickly. Probate is procedural and delays can limit remedies.
• Gather proof of marriage (marriage certificate) and any proof of financial dependence or joint accounts.
• Preserve evidence. Save texts, emails, photos, and witness names showing how family members handled assets or excluded you.
• Check account beneficiary designations and property deeds — some assets avoid probate and pass automatically.
• Ask the probate court clerk for local forms and guidance on filing for administration and claiming family allowances or exempt property.
• If you fear asset dissipation, request expedited review or emergency relief from the probate court through an attorney.

In short: as a surviving spouse in Alabama, you have prioritized rights to administration, to inherit under intestacy rules, and to short-term protections (family allowance, exempt property, and homestead). If the decedent’s family is excluding you, the probate court is the place to assert your legal rights. Speak with an Alabama probate attorney or your county probate court right away to start the formal process.