How Does Intestate Succession Work in Alabama When Decedent Dies With No Spouse and Two Children? | Alabama Probate | FastCounsel
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How Does Intestate Succession Work in Alabama When Decedent Dies With No Spouse and Two Children?

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.