Updated September 17, 2026. Quick answer: in Alabama, dying without a will does not mean the state keeps the estate; it means Alabama’s intestacy statute (Ala. Code § 43-8-41 (share of the spouse); § 43-8-42 (share of heirs other than surviving spouse); § 43-8-46 (inheritance by relatives of half blood), all in Title 43, Chapter 8, Article 3 (Intestate Succession).) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Alabama residents who die without a will is set by statute, not custom: Ala. Code § 43-8-41 (share of the spouse); § 43-8-42 (share of heirs other than surviving spouse); § 43-8-46 (inheritance by relatives of half blood), all in Title 43, Chapter 8, Article 3 (Intestate Succession). and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: The surviving spouse takes the entire intestate estate only if BOTH: (a) there is no surviving issue (descendant) of the decedent, AND (b) there is no surviving parent of the decedent (Ala. Code § 43-8-41(1)).
When it is less than everything: Ala. Code § 43-8-41: (1) the entire intestate estate if no surviving issue or parent; (2) the first $100,000.00 plus one-half of any balance if there is no surviving issue but the decedent is survived by a parent or parents; (3) the first $50,000.00 plus one-half of any balance if there ARE surviving issue but all of them are also issue of the surviving spouse (no stepchildren in the picture); (4) one-half of the intestate estate, with NO dollar floor, if one or more of the surviving issue are NOT issue of the surviving spouse (the classic stepchild/blended-family reduction, and notably harsher than the dollar-plus-fraction formulas in (2) and (3) because the spouse’s guaranteed floor disappears entirely); (5) if the estate is located in two or more states, the spouse’s share does not exceed in the aggregate the allowable amounts under this chapter.
“The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.”
Source: Ala. Code § 43-8-41 (share of the spouse); § 43-8-42 (share of heirs other than surviving spouse); § 43-8-46 (inheritance by relatives of half blood), all in Title 43, Chapter 8, Article 3 (Intestate Succession).
Who inherits if there is no spouse
Ala. Code § 43-8-42: the part of the estate not passing to the spouse (or the whole estate if there is no spouse) passes: (1) to the decedent’s issue, equally if of the same degree of kinship, otherwise by representation; (2) if no surviving issue, to the parent or parents equally; (3) if no surviving issue or parent, to the issue of the parents (i.e., the decedent’s siblings and their descendants) by representation; (4) if no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half the estate passes to the paternal grandparents (or the survivor, or their issue) and half to the maternal side in the same manner, with the whole estate passing to one side alone if the other side has no surviving grandparent or issue of a grandparent. If no heir is found under this ladder, Ala. Code § 43-8-44 sends the estate to the State of Alabama.
Rules that change the outcome
Half-blood relatives: Full share. Ala. Code § 43-8-46: ‘Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets Alabama property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
| Ala. Code § 43-8-41 (share of the spouse) |
| Ala. Code § 43-8-46 (half-blood relatives) |
If a DIY will fits your situation in Alabama
In Alabama, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
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General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.