If you recently lost a loved one who didn’t have a will or trust, you are probably experiencing an overwhelming amount of confusion over what to do with their estate, on top of your existing grief from their passing. We’d like to extend our sincerest condolences to you and your family during this time.

When someone passes without a will or trust, it is known as dying “intestate” and can cause a great deal of legal stress on the family left behind – which is why estate planning is such a crucial step to take. However, it’s possible that your loved one didn’t know how beneficial an estate plan could be, or perhaps they simply ran out of time.

Regardless, there are still steps you can take to manage the situation effectively. As unfortunate as it may be, without a will or trust, your loved one’s last wishes will almost certainly be unknown. Even if they are known to certain close relatives because they vocalized them or wrote them down, it isn’t likely that they will be acknowledged by a judge because they were never legally formalized.

Having a solid understanding of the probate process and seeking professional legal advice can help you navigate this challenging time, and move forward with the peace of mind that comes with knowing everything is being handled in compliance with Alabama law.

Understanding Intestacy In Alabama

Intestacy laws vary by state, so the laws here in Alabama may be different than those in the states that surround ours, like Mississippi or Georgia. Essentially, intestacy laws predetermine the heirs who will inherit a person’s estate if they pass away with no will or trust. In general, the order of priority is the spouse first, then children, then parents, then siblings, and so on.

For example, in Alabama:

Some people are under the impression that intestacy laws are the state’s way of trying to swindle intestate estates away from the family of a deceased person in order to fill their own coffers. However, this rarely happens – the intestacy laws are designed to get intestate property to anyone who was remotely related to the decedent as often as possible. Even in a case with no surviving spouse, children, parents or siblings, the state will allow for grandchildren, grandparents, nieces, nephews, aunts, uncles, and cousins to inherit, if necessary.

Identifying The Heirs In Cases Of An Intestate Estate In Alabama

The first step of intestate succession is to identify the heirs as described in the intestacy laws. While understanding who constitutes as a spouse and parents is rather straightforward, things get tricky when identifying “children” as it applies to Alabama law.

The state recognizes the following individuals as children:

• Children legally adopted by the decedent

• Posthumous children (children conceived by the decedent but born after their death)

• Children born outside of marriage (children are presumed to belong to the mother that birthed them as long as there is no evidence of their adoption, so they would inherit if their mother is the decedent; on the other hand, children inherit from a deceased man if paternity is legally established by a court before or after his death by clear and convincing evidence)

• Children born during a marriage between the decedent and other parent (unless paternity was legally established to another party)

• Grandchildren, if their parent is not alive to receive their share

The following are not considered children by Alabama state law:

• Foster children that were never legally adopted

• Stepchildren that were never legally adopted

• Children placed for adoption that were legally adopted by another family

• Children born during the decedent’s marriage, but whose paternity was legally established to another party

Moreover, half-relatives (such as half-siblings) are entitled to the same inheritance as if they had both parents in common with the decedent. Also, relatives conceived before the decedent’s passing, but born after, will inherit the same as if they had been born before the death. Finally, no relative is disqualified from being an heir because of their citizenship status within the United States. (Alabama Code Title 43, Chapter 8)

Each family is unique, so there will always be cases of “but what about…?” The best thing to do in cases of uncertainty regarding heirs is to consult with a knowledgeable Alabama probate attorney.

Steps Of Probate Of An Intestate Estate In Alabama

1. Filing of the initial petition – The initial petition to open probate, as well as the death certificate, must be filed in the county where the decedent was living at the time of their passing. In the absence of a will, the petition also requests that the court appoint an administrator to carry out probate (usually a close relative of the decedent).

2. Administrator takes immediate control of the estate – This includes securing the decedent’s property, managing financial accounts, and protecting valuables against theft or loss.

3. Detailed inventory of the estate submitted within 45 days – This includes all real estate, personal property, bank accounts, investments, and other assets owned by the decedent at the time of death.

4. Notice given to heirs and others – Heirs, beneficiaries, and creditors receive notice of the probate proceedings and their right to contest the will or file claims against the estate.

5. Letters of Administration granted – The administrator has the authority to manage and distribute the estate according to intestacy laws once the court approves the petition and issues Letters of Administration.

6. Notice to file claims must be published once a week for 3 weeks, and individual notice given to anyone known to have a claim against the deceased – The administrator must publish a notice to creditors, as well as give individual notice to others known to have a claim against the estate, notifying them of the deadline to file their claims (generally, within 6 months of the death).

7. Distribution of the estate – The estate cannot be distributed until all claims and expenses, including taxes and administrative costs, have been paid. Since creditors have 6 months to file claims, distribution cannot begin until this period of time has concluded.

8. Probate Court must approve the personal representative’s fees (unless all interested persons agree and consent) – These fees compensate the administrator for their time and effort in managing the estate.

Trust The Ladd Firm To Help You Navigate This Complex Process

Probate is always complicated, but even more so in cases of intestate estates. If your loved one passed with no will, our skilled probate attorneys are ready and willing to step in and provide the assistance you need. With over 50 years of collective experience, we are seasoned in Alabama probate laws and can ensure a swift and effective resolution. Call today for a free phone consultation and learn more about how we can serve you.