How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9080
Experience:  Since 1983
9653905
Type Your Estate Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

If someone dies without a will, who is the first surviving

Customer Question

If someone dies without a will, who is the first surviving beneficiary?
Submitted: 5 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 5 months ago.

Thank you for your question.

Did the deceased leave a spouse or any children?

Did the person reside in Alabama?

Customer: replied 5 months ago.
Expert:  N Cal Attorney replied 5 months ago.

Section 43-8-41

Share of the spouse.
The intestate share of the surviving spouse is as follows:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;

(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;

(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;

(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;

(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.

Section 43-8-42
Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:

(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
///

from

http://www.mystatewill.com/states/al_law.html

Please let me know if this does not answer you question prior to rating my answer.

I hope this information is helpful.

Related Estate Law Questions