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:

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.