Alabama Intestate Succession: What Happens If You Die Without a Will in Mobile or Baldwin County

Alabama intestate succession law determines exactly who receives your property when you die without a will, and understanding these rules matters for every family in Mobile and Baldwin County. This article covers how Alabama distributes assets under intestate succession, who stands to inherit, and why Gulf Coast residents may benefit from working with a local estate law firm.

How Alabama Distributes Assets Without a Will

Alabama's intestate succession rules apply automatically when someone dies without a valid will. The law, not the individual, determines who receives their property. Only assets that pass through probate are affected. Life insurance policies with named beneficiaries, joint bank accounts, and retirement accounts typically transfer outside of probate and are not subject to these rules.

The law is rooted in Title 43 of the Alabama Code. The Baldwin County Probate Court handles estate matters for decedents domiciled there at death, and the Mobile County Probate Court operates under the same state statutes.

When there is no will, a court-appointed administrator manages the estate. That administrator must post a bond and file a complete inventory of all estate assets with the probate court. Consulting an estate law firm early can help families understand what to expect and avoid costly missteps.

The Spouse, Children, and Parent Inheritance Hierarchy

Alabama's inheritance order follows a clear priority system. If the decedent is survived by a spouse with no children but with living parents, the spouse receives $100,000 and half of the remaining estate, while the parents receive the other half.

When children are involved, the math shifts. If the decedent had children who are also children of the surviving spouse, the spouse receives $50,000 plus one-half of the remaining estate, and the children share the other half. If the decedent had children who are not the children of the surviving spouse, the spouse receives one-half of the estate and the children receive the remaining half.

If there is no surviving spouse, Alabama's intestate succession follows this priority: property passes to living parents; if neither parent is living, to siblings; if no siblings, to grandparents; then to aunts and uncles; and finally to cousins.

Several rules are worth noting. Alabama requires a person to outlive the decedent by at least five days to inherit. The state makes no distinction between half-blood and whole-blood relatives, so a half-sibling inherits the same share as a full sibling. Legally adopted children receive a full intestate share, identical to biological children.

What About Stepchildren and Unmarried Partners?

Modern families in Mobile and Baldwin County often include blended households, but Alabama's intestate rules do not reflect those realities. Stepchildren have no inheritance rights unless legally adopted, and Alabama does not recognize inheritance rights for unmarried couples. A long-term partner who is not a legal spouse can receive nothing from an intestate estate, regardless of how long the relationship lasted. An estate law firm can help blended families create documents that protect everyone they intend to provide for.

Can the State of Alabama Take Your Property?

In rare cases, it can. If no relatives can be found in any recognized category, the property escheats to the State of Alabama. Working with an estate law firm before death is the most reliable way to prevent this outcome.

Why This Matters for Mobile and Baldwin County Residents

South Alabama families often hold a meaningful mix of assets, including real estate near Mobile Bay, Gulf Coast waterfront property, family businesses, and retirement accounts. Without a will, a family home in Mobile or a parcel in Baldwin County may need to be sold and divided among heirs who did not expect to share it. Families may lose property held for generations, and intestacy proceedings can take considerably longer than a planned estate distribution, tying up assets and increasing stress for surviving family members.

Alabama offers a simplified process under the Revised Alabama Small Estates Act, effective October 2025, for estates where total value does not exceed approximately $47,000 for 2026, adjusted annually for inflation. Larger estates, including those with real property, will require formal probate through Mobile County or Baldwin County Probate Court.

Working with an estate law firm in Mobile, AL, can help families avoid this process through proper planning before death rather than navigating a court-managed distribution afterward.

How a Local Estate Attorney Can Help Prevent These Outcomes

A valid will changes everything. Without one, families lose control over who inherits the family home or who raises minor children. A properly drafted estate plan restores that control and can reduce the time and expense associated with probate. An estate plan may include a will, a revocable living trust, powers of attorney, and healthcare directives, all tailored to your family's specific situation.

Take Control of Your Estate Plan Today

Alabama's intestate succession laws are designed as a default, not a preference. They distribute assets based on legal relationships, not personal wishes, and cannot account for the people and priorities that matter most to you. For families in Mobile, AL, and across Baldwin County, taking action before a crisis can mean the difference between a smooth transition and a prolonged, costly probate proceeding.

Johnstone Adams, LLC has served individuals and families in South Alabama for over 127 years, offering trusted guidance on wills, trusts, and estate administration. Its attorneys hold advanced taxation degrees and bring deep experience to every estate matter. To learn more, visit the firm's Tax, Trust and Estate Planning practice area or contact the team to schedule a consultation. You can also reach the office at (251) 432-7682 or toll-free at (844) 682-7682. Find Johnstone Adams, LLC on Google to read client reviews and get directions.