Ozark, AL asked in Probate for Alabama

Q: Who inherits the estate in Alabama when both owners die without a will or children and are survived by relatives?

I am inquiring about the distribution of an estate located in Alabama. A man, who had a deed to his estate, married, and both he and his wife died shortly after without having any children or leaving a will. They are survived by a parent, brother, and other relatives. No relatives have any legal claims or financial obligations related to the estate. Who is entitled to the estate?

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James L. Arrasmith
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A: In Alabama, when both spouses die without a will and have no children, the estate is distributed based on the state's laws of intestacy. If the man who owned the estate passed first, his wife would typically inherit the estate, since Alabama law provides for a surviving spouse to inherit the deceased spouse’s property when there are no children.

When both spouses pass without a will, the estate is then divided among surviving relatives. In this case, the surviving relatives, such as the parents or siblings of the deceased, would be entitled to inherit the property. According to Alabama law, the estate would typically be split between the deceased spouse’s surviving family members—parents or siblings—if the spouses have no children.

Since no relatives have legal claims or financial obligations to the estate, the inheritance would generally go to the closest surviving relatives under the laws of intestate succession. The exact distribution depends on who is still living and the specific circumstances surrounding the deaths of the individuals involved. If there are any disputes, seeking legal advice would be helpful to ensure the estate is correctly distributed.

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