Affidavit of Heirship in Alabama
Whether Alabama lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; Ala. Code § 43-2-830
| Affidavit / determination of heirship | No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; heirship is usually shown through a probate court proceeding (administration or summary distribution). Source: Ala. Code § 43-2-830 |
|---|---|
| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus half of the rest if a parent survives but no descendants; the first $50,000 plus half of the rest if all descendants are also the surviving spouse's descendants; half if any descendant is not the surviving spouse's. The rest (or everything, with no spouse) goes to descendants, then parents equally, then the parents' descendants (siblings and their lines), then half to the paternal and half to the maternal grandparents or their descendants. Source: Ala. Code §§ 43-8-41, 43-8-42 |
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FAQ
Does Alabama have an affidavit of heirship?
No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; heirship is usually shown through a probate court proceeding (administration or summary distribution).
Who inherits if someone dies without a will in Alabama?
Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus half of the rest if a parent survives but no descendants; the first $50,000 plus half of the rest if all descendants are also the surviving spouse's descendants; half if any descendant is not the surviving spouse's. The rest (or everything, with no spouse) goes to descendants, then parents equally, then the parents' descendants (siblings and their lines), then half to the paternal and half to the maternal grandparents or their descendants.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.