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;
(2) If there is no surviving issue, to his parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 3 - Intestate Succession.
Section 43-8-40 - Intestate Estate Generally.
Section 43-8-41 - Share of the Spouse.
Section 43-8-42 - Share of Heirs Other Than Surviving Spouse.
Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days.
Section 43-8-44 - When Estate Passes to State.
Section 43-8-45 - Division of Estate Where Representation Is Involved.
Section 43-8-46 - Inheritance by Relatives of Half Blood.
Section 43-8-47 - Inheritance by Afterborn Heirs.
Section 43-8-48 - Parent and Child Relationship.
Section 43-8-49 - Advancements.
Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried.
Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.
Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements.
Section 43-8-53 - Controversy as to Advancements - Contest of Answer.
Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer.
Section 43-8-55 - Against Whom Debts Owed to Decedent Charged.
Section 43-8-56 - Alien Status Not a Disqualification to Inheriting.
Section 43-8-57 - Dower and Curtesy Abolished.
Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines.