If my father died without a Will, who inherits?

Asked on September 3, 2015 under Estate Planning, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your father.
Since your father died intestate, which means without a Will, the rules of intestate succession determine inheritance.
Under intestate succession, if your father had a surviving spouse, she inherits his entire estate.
If there isn't a surviving spouse, your father's estate is divided equally among his children.   For example, if there are three children, each inherits 1/3 .
If there are any deceased children who had children your father's grandchildren, they inherit the share of your father's estate their deceased parent would have inherited had the deceased parent survived.

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