What to Do When a Loved One Dies Without a Will in Alabama

When you’re grieving, the last thing you need is legal confusion.

The loss of a loved one brings emotional challenges that can feel overwhelming. When that person passes away without a will in Alabama, you’re suddenly dealing with questions about their property, who makes decisions, and what happens next.

At the Law Offices of Brenton C. McWilliams, we know this situation can feel daunting. Let’s talk about what to do when a loved one dies without a will in Alabama.

How Intestate Succession Works in Alabama

When someone dies without a will, they’ve died “intestate.” This simply means Alabama law decides who gets their assets.

Here’s how property typically gets shared in Alabama when there’s no will:

• If your loved one was married with children from that marriage, the spouse gets the first $50,000 plus half of what’s left. The children share the other half.
• If there are children from a previous relationship, the spouse gets half, and the children split the other half.
• If there’s a spouse but no children, the spouse receives everything.
• If there are children but no spouse, the children get equal shares.
• If there are no children or spouse, the estate goes to parents, then siblings, then other relatives.

Creating a last will and testament gives you control over who inherits your assets, rather than leaving it to state law.

First Things to Do

What happens if someone dies without a will in Alabama? Here’s what you’ll need to do first:

1. Gather Important Papers

You’ll want to find and collect:

• Death certificate (get several copies)
• Social Security card
• Insurance policies
• Bank statements
• Property deeds
• Car titles
• Recent tax returns

2. Handle Urgent Money Matters

Take time to:

• Let banks know about the death
• Contact Social Security
• Figure out which bills need to be paid
• Keep valuable property safe

The Alabama Department of Public Health provides information on obtaining death certificates, which you’ll need multiple copies of throughout this process.

3. Figure Out Who Will Handle the Estate

Someone needs to step up and manage the estate through probate. This person is called the administrator and does similar things to what an executor would do if there had been a will.

In Alabama, who gets to be the administrator usually goes in this order:

• Surviving spouse
• Other heirs based on their right to inherit
• The largest creditor who lives in Alabama

Taking these first steps promptly can save time and reduce stress as you move forward with the probate process.

The Probate Process Without a Will

Understanding each step of probate helps you know what to expect in the months ahead.

Filing Papers to Get Started

To kick things off, someone needs to file a petition for letters of administration with the probate court where your loved one lived. This is basically asking the court to appoint someone to handle the estate.

Posting a Bond

Unlike an executor named in a will (who might not need to post a bond), an administrator usually has to put up a bond. Think of this as insurance that protects the estate if anything goes wrong.

Making a List of What They Owned

The administrator will need to:

• List everything your loved one owned
• Figure out what it’s all worth
• Identify which items need to go through probate
• Give this list to the court

Paying Bills and Taxes

Before anyone gets their inheritance, the administrator must:

• Let creditors know about the death
• Pay valid bills using estate money
• File that final tax return
• Pay any taxes that are due

According to the IRS, a final tax return must be filed for the year of death, which is an important responsibility for the administrator.

Handing Out What’s Left

After all the bills and taxes are paid, the administrator shares out what’s left based on Alabama’s intestate laws. This might not match what your loved one would have wanted, which is why having a spendthrift trust or other estate planning tools can be so helpful.

Common Bumps in the Road Without a Will

When someone dies without a will, you might run into some issues:

• Family members might disagree about who should be the administrator
• Arguments can pop up about who gets what
• The whole process often takes longer
• You’ll likely pay more in court fees and bond costs
• Friends or charities important to your loved one won’t receive anything
• There’s no named guardian for minor children

These complications show why creating a will is so important, regardless of age or asset level.

Frequently Asked Questions About Intestate Estates in Alabama

How long does probate take when there’s no will?

In Alabama, probate for an estate without a will usually takes about 6-12 months, though it can take longer if things get complicated. Not having a will often makes the process longer than if there had been one.

Can the family just agree on how to split things up without going through probate?

Unfortunately, no. When someone dies without a will, you still have to go through probate to legally transfer ownership of assets, even if everyone in the family agrees on who should get what.

What happens to the house if there’s no will?

The house will go to the heirs based on Alabama’s intestate laws. This might mean several people end up co-owning the property, which can get tricky.

What if we find a will after we’ve already started the process?

If you discover a valid will after you’ve started the intestate process, tell the probate court right away. The court will likely switch gears and follow what the will says.

Who takes care of minor children when there’s no will naming a guardian?

When there’s no guardian named in a will, the court decides who should care for minor children. While the court tries to do what’s best for the kids, this might not be what the parent would have chosen.

Call Our Law Firm About Your Loved One’s Estate

Handling the aftermath of a loved one’s passing without a will can be complicated. The Law Offices of Brenton C. McWilliams can help you understand the process and take the appropriate steps to settle the estate according to Alabama law.

Call our law firm today to schedule a conversation about how we can help during this difficult time. We provide compassionate guidance to families throughout Alabama who are dealing with intestate estates.