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Can a deceased child's share in a will be inherited by others in Alabama?

Can a deceased child's share in a will be inherited by others in Alabama?

Full question:

if children are named in a will and one dies after the wil is probated can the children or the remaining spose recieve her part in alabama

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

Answer:

Once the children inherit property from a probated will, that property will pass to their heirs if they die later. The distribution of a deceased child's share depends on the provisions in the will at the time of probate. If no provisions exist, the child's share will be distributed according to Alabama's intestacy laws.

If the child left a will, their share will be distributed according to that will. If not, the intestate share for a surviving spouse varies based on the presence of surviving children, parents, or other relatives (see Ala. Code § 43-8-41). If there are no surviving children or parents, the estate passes to the issue of the parents or other relatives (see Ala. Code § 43-8-42).

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

How much does an estate have to be worth to go to probate in Alabama?

In Alabama, there is no minimum value for an estate to go through probate. Any estate with assets that need to be distributed or debts that need to be settled typically requires probate, regardless of its value. However, small estates may qualify for simplified procedures under Alabama law, allowing for easier settlement without full probate. It's advisable to consult with a legal professional to determine the best course of action based on the estate's specifics.

Do wills have to go through probate in Alabama?

Yes, in Alabama, most wills must go through probate to be legally recognized and to ensure the proper distribution of assets. The probate process validates the will and allows for the appointment of an executor to manage the estate. However, some small estates may be eligible for simplified procedures that do not require full probate. Consulting with an attorney can help clarify the requirements for your specific situation.

Does a will override a named beneficiary?

In Alabama, a will generally does not override a named beneficiary designation on accounts such as life insurance or retirement plans. Beneficiary designations take precedence over the terms of a will. If a beneficiary is named, that individual will receive the asset directly, regardless of what the will states. It's essential to review all beneficiary designations to ensure they align with your overall estate plan.

Do all wills in Alabama have to be probated?

Not all wills in Alabama must go through probate. While most wills do require probate to ensure proper asset distribution and debt settlement, small estates may qualify for simplified procedures that allow for easier settlement without full probate. Additionally, if there are no assets that require probate, the will may not need to be probated. Consulting with an attorney can help determine the best approach based on the estate's circumstances.

Can an estate be settled without probate in Alabama?

Yes, in Alabama, an estate can sometimes be settled without probate, especially if it qualifies as a small estate. Alabama law provides simplified procedures for estates with limited assets, allowing for easier distribution without going through full probate. Additionally, assets that pass directly to beneficiaries, such as life insurance or retirement accounts, do not require probate. It's advisable to consult with a legal professional to explore options based on the estate's specifics.

Does property automatically go to spouse in Alabama?

In Alabama, property does not automatically go to a surviving spouse unless specified in a will or through joint ownership. If a spouse dies without a will, Alabama's intestacy laws dictate that the surviving spouse may inherit a portion of the estate, depending on whether there are surviving children or other relatives. It's important to have a clear estate plan to ensure that property is distributed according to your wishes.