If someone dies without a Will, leaving a spouse and children, the Code of Alabama, gives 50% to the surviving spouse and 50% to the children. The spouse also receives:

If the spouse is the parent of all the children of the deceased, the spouse receives the first $50,000 and 50% of the remainder.

Homestead allowance of $15,000. This could be in value in the dwelling, cash money or other property.

Exempt property of a value of $7,500 in household furniture, automobiles, furnishings, appliances, and personal effects. This can also be taken in cash money.

Family allowance of a reasonable allowance in money out of the estate for the maintenance of the spouse and minor and/or dependent children during the administration of the estate. This is paid to the surviving spouse unless there is/are dependent child/children not living with the surviving spouse. If so, some is paid to the surviving spouse and some to the guardian/conservator for the dependent child.

The allowances and exempt property are not subject to any claims. The homestead allowance has priority to the other exemptions and allowances, it is paid first. These payments do not reduce the share payable to the surviving spouse or dependent child.

What Happens if I die leaving Children but No Spouse?

If someone dies, without a Will, leaving children but no spouse, the estate is divided among the children equally, per stirpes. Per stirpes means that if a child dies prior to the parent, that share is divided among that child’s children.

Example:

If there are three children and the oldest child who had three children, died prior to the parent, the deceased child’s share would be divide among his/her children (grandchildren of the deceased). This would continue down the line of descendants. If one of the children of deceased child had also predeceased the grandfather, that share would be divided among the grandchild’s children, so on down the line.

The children could also receive:

Homestead allowance of $15,000. This could be in value in the dwelling, cash money or other property. This is only available to minor and/or dependent children.

Exempt property of a value of $7,500 in household furniture, automobiles, furnishings, appliances, and personal effects. This can also be taken in cash money. This is available to all children.

Family allowance of a reasonable allowance in money out of the estate for the maintenance of the minor and/or dependent children during the administration of the estate. This is paid to the guardian/conservator for the dependent child. This is only available to minor and/or disabled children

The allowances and exempt property are not subject to any claims. The homestead allowance has priority to the other exemptions and allowances, it is paid first. These payments do not reduce the share otherwise payable to a child. That is a minor child with two siblings who are adults would receive the allowances & exemption plus a one-third share.

What Happens if I Die leaving a Spouse but No Children?

If someone dies without a Will, leaving a spouse but no children, the Code of Alabama, gives the first $100,000 and the following to the surviving spouse. The remainder is divided 50% to the surviving spouse and 50% to the parents of the deceased. In addition to this the surviving spouse would also receive:

Homestead allowance of $15,000. This could be in value in the dwelling, cash money or other property.

Exempt property of a value of $7,500 in household furniture, automobiles, furnishings, appliances, and personal effects. This can also be taken in cash money.

Family allowance of a reasonable allowance in money out of the estate for the maintenance of the spouse during the administration of the estate.

The allowances and exempt property are not subject to any claims. The homestead allowance has priority to the other exemptions and allowances, it is paid first. These payments do not reduce the share payable to the surviving spouse.

What Happens if I die without having a Spouse or Children?

If someone dies without a Will, leaving no spouse and no children, grandchildren, etc. the Code of Alabama, gives 50% to each parent. If the parent is deceased, it would go to children of the parent, (brothers and sisters of the deceased with half-siblings taking the same as whole siblings), if no sisters or brothers, then to nieces/nephews and on down the line.

What is Estate Administration? Dying without a WILL

If someone dies WITHOUT Last Will and Testament, and has assets in his/her name alone, an estate administration is needed. Administration proceeds like a Will but there is a list of priorities of who can be administrator, also often called a Personal Representative.

The first priority is the surviving spouse, second children over 19 years of age, then the largest creditor of the estate, and others. The administrator must be an Alabama resident. If your children live out-of-state, it is more important that proper planning be done because they could not be the Personal Representative/Administrator.

Since there are no instructions from the decedent:

The bond, inventory, accounting, and other requirements of the administrator cannot be waived. The bond can be expensive and difficult to obtain.

The more the value of the estate the more expensive and difficult to obtain.

No money from the estate is available to pay the bond expense, yet.

If family cannot obtain the bond, someone else must do so. This increases the expense and time required to administer the estate.

After the Administrator is in place and receives Letters of Administration, a detailed inventory must be filed within 90 days, and at least annually after that. The notice to creditors must be published and mailed to the known creditors. For any assets to be sold, permission from the probate judge is required. This requires waivers from all heirs, and very likely an appraisal. Selling real estate can require additional publication in the newspaper.

Without a Will, the State decides who gets your assets, not you.