What It Means to Pass Without a Last Will and Testament in Alabama

A Last Will and Testament (“LWT”) is a way to not only protect your assets, but also establish to whom your property is assign upon your death.  Despite this being a vital document in your estate plan, many people never execute a LWT.  While Davis, Davis & Associates, P.C. recommends having all estate planning documents prepared and fully executed, we understand that this is not always the case; if you or a loved one fall into this category, there is no need to worry about what happens to your assets when you pass.  Under Alabama’s intestate succession laws, if you pass without a LWT, your assets transfer to your closest relatives.  

Like many things law, intestate succession can seem pretty complicated; the most basic description is that under intestate succession, who gets what depends on which of your relatives are living.  Here’s the breakdown:

You die with a spouse but no children. Your spouse inherit everything.
You die with children but no spouse. Your children inherit everything.
You die with parents but no children or spouse. Your parents inherit everything.
You die with siblings but no children, parents, or spouse. Your siblings inherit everything in equal shares.
You die with a spouse and children that belong to you and your spouse (biological or adopted). Your spouse inherits the first $50,000 of your estate, plus half of the balance of your estate.  After that, your children inherit the remaining balance of your estate.
You die with a spouse and children that are not your spouse’s children (biological or adopted). Your spouse inherits half of your estate, leaving your children with the other half.
You die with a spouse and parents. Your spouse inherits the first $100,000 of your estate, plus half of the balance of your estate, leaving your parents to inherit the other half of the intestate property balance.
You die with no living relatives. Your entire estate will escheat to the State of Alabama.

Because intestate succession is only affected by assets that pass through probate, even if you pass without a LWT, there are parts of your estate that won’t be affected.  For example, passing with or without a LWT would not impact any of the following:

  • Living Trust Property
  • Life Insurance Proceeds or Retirement Accounts with a Named Beneficiary
  • Trust Assets
  • Property in Life Estates
  • Any Property in Which You Are a Joint Tenant

End of life plans can often intimidate some, leading many to completely ignoring the estate planning process.  In order to avoid the intestate succession process, schedule a consultation to discuss your estate planning options.  However, if you know someone that has passed without a LWT, give us a call to help you navigate the intestate succession process at 251-621-1555.

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