Longwood, FL asked in Probate for Alabama

Q: What happens when someone dies without a will and has never been married or has children

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1 Lawyer Answer
Rebecca M. Wright
Rebecca M. Wright
Answered
  • Probate Lawyer
  • Licensed in Alabama

A: Any part of a decedent's (person who has died) estate that is not effectively disposed of by his/her will would pass to his/her heirs (those surviving the decedent). (AL Code § 43-8-40 (2017)). However, if there is no spouse or children that survive the decedent (as in your case), then the estate would pass to any parent or parents that survived the decedent (AL Code § 43-8-41 (2017)).

If the decedent's parents are no longer alive, then it would go to the decedent's siblings if they had any brothers or sisters. Basically, the Court would just keep going down the line and try to find someone who is the closest degree of kinship to the decedent who is still alive. (AL Code § 43-8-42 (2017)). If there is no taker (or person who remains alive who is related to the decedent), then the decedent's entire estate would pass to the State of Alabama. (AL Code § 43-8-44 (2017)).

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