Detailed answer — what typically happens and why

1. How title language controls what happens

The first thing to check is how the asset is titled. Title language determines whether property passes automatically at death or becomes part of the decedent’s probate estate:

• Joint accounts labeled with right of survivorship: If a bank or account agreement shows the account is a joint account with right of survivorship (or is explicitly joint tenancy with ROS), the surviving joint owner(s) normally become the sole owner(s) immediately when a co‑owner dies. The bank will usually ask for a certified death certificate and an affidavit or other bank forms to remove the decedent’s name.
• Joint accounts held “for convenience”: Some accounts are opened as a convenience for the account holder (for example, a child added to pay bills) but do not create a survivorship interest. If the account was only a convenience arrangement, the decedent’s share may be part of the probate estate and subject to intestacy rules.
• Tenancy by the entirety (married couples): Alabama recognizes tenancy by the entirety for married couples for certain property. Property held as tenancy by the entirety carries an automatic right of survivorship: when one spouse dies, the surviving spouse becomes sole owner outside probate.
• Tenancy in common: If property is owned as tenancy in common, each owner has an individual, divisible share. A deceased owner’s share does not pass automatically to co‑owners but instead becomes part of the decedent’s estate and is distributed according to the will or, if none, Alabama’s intestacy laws.

2. Bank accounts and financial institutions — practical steps

Banks and financial institutions follow their account agreements and state law. Typical points:

• After a death, banks usually freeze the account until they receive a certified death certificate and appropriate paperwork.
• If the account is a survivorship account, the surviving owner should present ID and the death certificate. Many banks will ask for a small affidavit or survivorship form before releasing funds.
• If the account is payable‑on‑death (POD) or transfer‑on‑death (TOD), the named beneficiary can claim the funds by showing a death certificate and ID; those funds do not pass through probate.
• If the account is solely in the decedent’s name or the joint nature is disputed, the bank may require a probate court order or appointment of a personal representative before releasing funds.

3. Real estate and other titled property

How real estate transfers depends on the form of title:

• Tenancy by the entirety (spouses): Survives the death of one spouse and passes to the surviving spouse automatically.
• Joint tenancy with right of survivorship: Survives the death of a joint tenant and vests in the surviving joint tenant(s) immediately.
• Tenancy in common: The deceased tenant’s share becomes part of their probate estate and is distributed under intestacy if there is no will.
• To change ownership on land records, the surviving owner or personal representative usually records a death certificate, an affidavit of survivorship, or a probate order, depending on the situation.

4. If there is no will — Alabama intestacy basics

When property is part of the probate estate because it is titled only in the decedent’s name (or the survivorship status is not effective), Alabama’s intestacy rules determine who inherits. The rules prioritize closest family (spouse, children, parents, siblings). In practice that means:

• If the decedent is survived by a spouse and no children or other descendants, the spouse will inherit the estate.
• If the decedent is survived by a spouse and children who are also children of the spouse (for example, children from that marriage), the surviving spouse commonly receives the entire intestate estate.
• If the decedent is survived by a spouse and children who are not all children of the surviving spouse (for example, children from a prior relationship), Alabama law typically divides the estate between the spouse and the decedent’s descendants (the spouse may receive one‑half and the children share the remainder, with adjustments depending on exact circumstances).
• If there is no spouse or descendants, other relatives (parents, siblings, more remote kin) may inherit under the intestacy rules.

For the watchful reader: intestacy rules are detailed and sensitive to family structure. See Alabama’s descent and distribution statutes for the exact allocations and definitions: the relevant provisions are in the Alabama Code governing descent and distribution. You can review the Alabama Code via the Alabama Legislature website: https://www.legislature.state.al.us/.

5. Probate, small estates, and practical timelines

When assets must pass through probate:

• Probate is the court process used to prove a will (if any), appoint a personal representative, pay debts, and distribute assets that do not transfer automatically.
• Alabama offers procedures for smaller estates that can shorten or simplify probate in some cases. The probate court in the county where the decedent lived handles these matters. For general probate court information see the Alabama Judicial System: https://judicial.alabama.gov/.
• Probate timelines vary by county, by estate complexity, by creditor claims, and by whether the heirs agree on distributions.

6. Creditor claims and survivorship

Even when property passes automatically to a surviving joint owner, creditors may have claims against the decedent’s share in some situations. If property passes via probate, the personal representative will notify creditors and resolve valid claims according to probate law.

Practical examples (hypotheticals)

Example A — Joint bank account titled “Alice & Bob, joint tenants with right of survivorship”: Bob dies. The bank requires Alice’s ID and Bob’s death certificate. Alice becomes sole owner outside probate.

Example B — Account titled “Alice (owner) — Bob added for convenience”: Alice dies. The account is a convenience account, not a survivorship account. The bank may freeze the account and require probate or a court order before releasing funds to heirs under Alabama intestate rules.

Example C — House titled as tenancy by entirety between spouses: One spouse dies, the other becomes sole owner automatically and need only record the death certificate and survivorship affidavit with the county recorder to clear title for many purposes.

Helpful hints — next steps when someone dies without a will in Alabama

• Obtain several certified copies of the death certificate from the Alabama Department of Public Health: https://www.alabamapublichealth.gov/vitalrecords/.
• Locate account statements, deeds, titles, beneficiary designations, and any trust or estate paperwork.
• Contact each bank or institution to determine how they treat the account (survivorship, POD, convenience only) and ask what documents they require to release funds.
• Check the land records to confirm how real property is titled (joint tenants, tenants by the entirety, tenancy in common) and record required documents to clear title once you have proof of death.
• If the estate looks small or there is disagreement, ask the local probate court about simplified or summary procedures before filing full probate paperwork. The Alabama probate court website (through the Alabama Judicial System) can help identify local contacts: https://judicial.alabama.gov/.
• Consider consulting a probate or estate attorney if the estate is large, title disputes exist, or family relationships are complex. An attorney can confirm whether a joint account truly created a survivorship interest or was only for convenience and can help with probate or quiet‑title issues.
• Keep clear records of communications with banks, title companies, and the probate court—names, dates, and copies of documents will help later.