Dying without a will in Alabama: intestate succession & what happens
With no will, Alabama's intestate succession statute (Ala. Code § 43-8-41) determines who inherits, and the court appoints an administrator. The homestead and exempt-property allowances still apply. Kindred handles the administration and coordinates the attorney.
- With no will, Alabama's intestate succession statute (Ala. Code § 43-8-41) determines who inherits, and the court appoints an administrator. The homestead and exempt-property allowances still apply. Kindred handles the administration and coordinates the attorney.
- Alabama requires an attorney for formal probate — Kindred handles the administration and coordinates a fixed-price attorney.
- The court appoints an administrator (instead of an executor) when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in Alabama?
Generally yes — in Alabama, a personal representative opening a formal estate is expected to act through a licensed attorney. Kindred handles all the administrative work and coordinates a fixed-price attorney for the legal filing, so you get one predictable price. For very small estates that qualify for the affidavit procedure, no formal probate is needed. Kindred is not a law firm.
How much does probate cost in Alabama?
No statutory percentage fee — attorneys typically bill $200-$350/hour or a flat fee. Filing fees run about $100-$200. A small-estate affidavit can skip probate for estates under $25,000. Homestead and exempt-property allowances ($15,000/$7,500) protect assets for the family. These are illustrative figures.
How long does probate take in Alabama?
A formal probate typically runs 9 to 14 months because creditors have 6 months to file claims. A small-estate affidavit can resolve in weeks for estates under $25,000. An inventory is due within 2 months of appointment.
What is Alabama's homestead allowance?
Alabama provides a $15,000 homestead allowance to a surviving spouse or minor dependent children, paid from the estate before most creditors. There's also a $7,500 exempt-property allowance. Both are priority claims that protect family assets and reduce the probate estate.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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