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T Jeff Stein Probate Attorney Intestate Succession | T Jeff Stein Probate Attorney

Intestate Succession

        If a person dies without a will, the laws of intestate succession will dictate how that person’s assets will be distributed.  Sections 43-8-40 through 43-8-58 of the Code of Alabama set forth who will inherit from the decedent’s estate and how much.  For example, the surviving spouse will inherit a portion of the deceased’s property depending on the other heirs to the estate.  If there are no surviving children or parents of the deceased, then the spouse inherits the entire intestate estate.  If there are no surviving children but the decedent is survived by a parent or parents, the spouse will receive the first $100,000.00 in value, plus one-half of the balance of the intestate estate.  If there are surviving children 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 will pass to the spouse.  If there are surviving children, one or more of whom are not issue of the surviving spouse, the spouse will receive one-half of the intestate estate.  The Code sections attempt to account for every possible permutation of heirs.  Developing an estate plan with an attorney will help you disburse your assets according to your wishes and provide both you and our family with certainty and peace of mind.

Disclaimer:  This post is for informational purposes only and not intended as legal advice.  Please contact our office for an estate planning consultation to speak with a qualified attorney. 

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