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Dying Without a Will

Ala. Code § 43-8-41 — the spouse's share depends on the children and parents left behind

The one who died leftThe surviving spouse takes
The one who died leftNo children or other descendants, and no parentThe surviving spouse takesThe entire estate
The one who died leftNo descendants, but a parent or parentsThe surviving spouse takesThe first $100,000 in value, plus one-half of the rest
The one who died leftDescendants who are all also the spouse'sThe surviving spouse takesThe first $50,000 in value, plus one-half of the rest
The one who died leftDescendants, at least one of them not the spouse'sThe surviving spouse takesOne-half of the estate
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Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.

The probate court has original and general jurisdiction over the probate of wills, letters of administration, executors' and administrators' accounts, and the distribution of the estates of those who die without a will.

  • Ala. Code § 12-13-1
Sources for this section (2)
  1. Ala. Code § 43-8-41 — Share of the Spouse
  2. Ala. Code § 12-13-1 — Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.

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