What happens if you die intestate in Alabama?

If you die in Alabama without a will, your assets will go to your closest relatives. Not all assets are involved — only those that would have passed through a will are affected by Alabama’s intestate succession laws. Usually that includes only assets that you own in your own name.

What is the order of succession in an intestate distribution of estate?

Intestate succession specifically refers to the order in which spouses, children, siblings, parents, cousins, great-aunts/uncles, second cousins twice removed, etc. are entitled to inherit from a family member when no will or trust exists.

What is rule of intestacy?

When a person dies without leaving a valid will, their property (the estate) must be shared out according to certain rules. These are called the rules of intestacy. If someone makes a will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.

What type of assets are not affected by intestate succession laws?

However, certain types of property are not considered to be part of the decedent’s estate for purposes of intestate succession laws, such as: property held in a living trust, life insurance proceeds, payable-on-death (POD) bank account, and any property held in joint tenancy with right of survivorship.

What happens to your intestate property in Alabama?

In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

Who is the heir to the intestate in Alabama?

Your spouse inherits 1/2 of your intestate property. Example: Barrett is married to Jed and also has a son from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one.

What is the survivorship period for intestate succession in Alabama?

Survivorship period. To inherit under Alabama’s intestate succession statutes, a person must outlive you by five days. So if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property.

How are assets affected by intestate succession laws?

Only assets that would have passed through your will are affected by intestate succession laws. Usually, that includes only assets that you own alone, in your own name. Many valuable assets don’t go through your will and aren’t affected by intestate succession laws. Here are some examples: