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Intestate Succession Laws in Alabama

In Alabama, a surviving spouse takes the first $50,000 plus one-half of the balance when all children are also the spouse's, or the first $100,000 plus one-half of the balance when there are no children but a parent survives. Alabama is not a community property state.

Last checked . General information, not legal advice.

Alabama at a glance

Spouse share with shared children
First $50,000 plus 1/2 of the balance
If any child of the deceased is not also the spouse's child, the spouse takes 1/2 of the estate.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
First $100,000 plus 1/2 of the balance
The spouse takes the entire estate if no child or parent survives.
Community property state
No

Sources

Last checked

The rules in Alabama

How much does a surviving spouse inherit in Alabama when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Alabama: First $50,000 plus 1/2 of the balance. If any child of the deceased is not also the spouse's child, the spouse takes 1/2 of the estate.

Does a surviving spouse in Alabama inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Alabama: no.

How much does a surviving spouse inherit in Alabama when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Alabama: First $100,000 plus 1/2 of the balance. The spouse takes the entire estate if no child or parent survives.

Is Alabama a community property state?

No. Community property state in Alabama: no.

Where do the Alabama intestate succession laws come from?

The rules above come from Ala. Code 43-8-41. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.