Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Alabama for guidance on your specific situation.
Detailed Answer
Overview of Alabama Intestate Succession
When someone dies without a valid will in Alabama, the state’s intestate succession law determines who inherits the estate. Alabama Code Title 43, Chapter 8, Article 2 governs this process. If the decedent leaves no surviving spouse, the estate passes entirely to their descendants.
Statutory Basis
Alabama Code § 43-8-92 states that when there is no surviving spouse, the entire estate goes to the decedent’s lineal descendants.
Read the statute: ALA. CODE § 43-8-92.
How the Estate Divides Among Three Children
Under Alabama law, descendants inherit “per stirpes.” This means each branch of the family receives an equal share of the estate at the first generational level.
- Three children stand in the first generational level.
- The estate divides into three equal shares.
- Each child receives one share.
Example: If the estate totals $300,000, each of the three children receives $100,000.
Key Considerations
- If a child predeceased the decedent but left children, that child’s share passes to their own descendants by representation (per stirpes).
- Personal property and real property each follow the same per stirpes allocation unless Alabama law provides otherwise for certain classes of assets.
- Creditors, taxes, and administrative expenses must be paid from the estate before distribution to heirs.
Helpful Hints
- Locate all potential heirs by checking birth records and family documents.
- Open a probate estate promptly in the appropriate Alabama county probate court.
- Obtain a certified copy of the decedent’s death certificate for the probate file.
- Gather a list of assets, liabilities, and beneficiaries (if any).
- Consult a probate attorney to prepare and file required inventory and distribution documents.
- Understand that any estate planning (like a will or trust) can override intestate rules in the future.