Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When someone dies without a valid will, Alabama law determines who inherits through “intestate succession.” You start by identifying all potential family members, then apply the priority rules in Title 43, Chapter 8 of the Alabama Code (§ 43-8-1 et seq.).
1. Gather Key Documents
- Death certificate for your father.
- Marriage certificate (to confirm a surviving spouse).
- Birth or adoption records for all children.
- Divorce decrees or death records for any predeceased spouse or child.
- Family records (obituaries, family bibles, genealogy charts).
2. Identify Potential Heirs in Order of Priority
- Surviving spouse (if any).
- Descendants (children, grandchildren)—whether born of the surviving spouse or of another relationship.
- No spouse or descendants: parents of the decedent.
- No parents: siblings, nieces, and nephews.
- More remote kin: grandparents, aunts, uncles, cousins (rare in most estates).
3. Apply Alabama’s Share Rules
Under § 43-8-41:
- If there is only a surviving spouse and no descendants, the spouse receives 100% of the estate.
- If there is a spouse and descendants all of whom are also descendants of that spouse, the spouse still takes 100%.
- If there is a spouse and at least one descendant not from that spouse, the spouse takes a fixed statutory allowance (currently $50,000) plus one-half of the remaining estate. The other half goes to the descendants per stirpes.
- If there is no surviving spouse, descendants inherit the entire estate per stirpes.
- If there are no descendants or spouse, the estate goes to parents, then siblings, and so on as provided in § 43-8-42.
4. Open a Probate Case & Request an Heirship Hearing
- File a petition for administration in the probate court of the county where your father lived at death.
- The court issues notices to all known next-of-kin and publishes notice to unknown heirs.
- The judge holds an heirship hearing to confirm who qualifies as an heir.
- Once heirs are established, the court appoints an administrator and issues Letters of Administration.
- The administrator collects assets, pays debts/taxes, and distributes property according to Alabama’s intestacy rules.
Helpful Hints
- Start with family members you know—children, grandchildren, siblings, parents.
- Check public records: vital statistics offices, online obituaries, county land records.
- Use a simple family tree chart to map relationships and spot missing heirs.
- Publish a notice in the county newspaper to locate unknown or missing heirs.
- Consult the probate clerk’s office for local deadlines and filing fees.
- If estate assets are under $25,000, you may qualify for a small‐estates affidavit procedure under § 43-8-230.
- Consider hiring a probate attorney or licensed genealogist if the family tree is complex.