What the rule says
Alabama's intestacy statute, Ala. Code § 43-8-41, distributes the estate of an Alabama decedent who dies without a will. The formula varies based on family structure:
- Spouse and all descendants are mutual: The spouse takes the first $50,000 plus one-half of the balance. Descendants take the rest. - Spouse and at least one descendant from prior relationship: The spouse takes one-half. Descendants take the other half. (No $50,000 floor.) - Spouse but no descendants, with surviving parent: The spouse takes the first $100,000 plus one-half of the balance. Parent takes the rest. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Alabama resident dies without a will, leaving a surviving spouse and three mutual children. Estate $400,000. Spouse takes $50,000 + 50% of $350,000 = $225,000. Children together take $175,000. - Alabama resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000. - Alabama resident dies without a will, no descendants, surviving spouse and parent. Estate $300,000. Spouse takes $100,000 + 50% of $200,000 = $200,000. Parent takes $100,000.
Alabama's framework is similar to Missouri's but with different dollar floors.
What you can do about it
- Alabama will requirements (Ala. Code § 43-8-131). A will must be in writing, signed by the testator, and signed by two witnesses. - Alabama does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Ala. Code § 43-8-70, a surviving spouse can elect against the will.
Who this affects most
Alabama's intestacy formula is most consequential for married Alabama residents whose intestate distribution would not match preferences. The dollar floors produce specific outcomes that may not align with family expectations.