US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
How is an intestate estate divided among nieces and nephews?

How is an intestate estate divided among nieces and nephews?

Q: Who is first in line for inheritance?

In Alabama, the first in line for inheritance when someone dies intestate are typically the spouse and children. If there are no surviving spouse or children, the estate will then pass to the deceased's parents, siblings, and their children (nieces and nephews). This hierarchy ensures that the closest relatives inherit first.

Q: Who inherits if there is no will?

When someone dies without a will, their estate is distributed according to the state's intestacy laws. In Alabama, if there are no surviving spouse, children, or parents, the estate goes to siblings' children, which includes nieces and nephews. They inherit equally, with each group sharing their parent's portion.

Q: Who are the legal heirs of a deceased person in the USA?

Legal heirs in the USA vary by state but generally include spouses, children, parents, and siblings. If these relatives are not alive, the estate may pass to more distant relatives such as nieces, nephews, or grandparents. Each state has specific laws governing the distribution of an intestate estate.

Q: Who is next of kin if there are no kids?

If a person dies without children, the next of kin typically includes their spouse, parents, and siblings. If all of these relatives are deceased, the estate may pass to nieces and nephews. In Alabama, these relatives would inherit equally under intestacy laws.

Full question:

My aunt passed away. There was no will. She had no children. She had one brother and 2 sisters all are deceased. The next living kin are nieces and nephews from all brothers and sisters. How is the estate divided. Do each of the nieces and nephews get the parents share and divide it amoung the group or is the estate divided equally between the nieces and nephews?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Alabama

Answer:

According to Alabama law, if a person dies without a will (intestate) and has no surviving spouse, children, or parents, their estate is divided among their relatives. In this case, since your aunt had no children and her siblings are deceased, the estate will pass to the next living relatives, which are her nieces and nephews.

Under Alabama's intestacy laws, the estate will be divided equally among all nieces and nephews. Each niece and nephew will receive a share that represents their parent's portion of the estate. This means that if one of the deceased siblings had multiple children, those children would collectively inherit that sibling's share and divide it among themselves.

For reference, see Section 43-8-42 of the Code of Alabama, which outlines how an intestate estate is distributed when there are no surviving issue or parents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who can inherit if there is no will?

If a person dies without a will, their estate is distributed according to state intestacy laws. Typically, the closest relatives inherit first, which may include spouses, children, parents, siblings, and, if none are living, nieces, nephews, and more distant relatives. In Alabama, if there are no surviving spouse or children, the estate would pass to the deceased's siblings' children, such as nieces and nephews.