If you die without a valid will in Birmingham, your legacy is subjected to “intestate” or strict default court laws. Basically, Birmingham intestacy law will divide your estate evenly among your closest relatives. Here’s an overview (please note that this simplification is just for explanation purposes.

  • If you’re married without children, your spouse receives your entire estate.
  • If you’re married with children, your spouse receives half of your estate and the other half is divided evenly among your children.
  • If you have children but no spouse, the entire estate is divided evenly among your children.
  • If you do not have a spouse or children, your estate is divided evenly among your parents, brothers and sisters. (If a parent has died, a double share will go to the surviving parent.
  • If a brother or sister has died, his or her share goes to that sibling’s children.)
  • If you do not have primary family members (spouse, children, parents or siblings), it will be up to a court-appointed executor to locate your closest relatives, who will then become beneficiaries of your estate. Without a will, the court will decide who has the legal authority over how your possessions will be distributed.


For most of us, default Birmingham intestate laws don’t address our final wishes well enough. For instance, most parents do not want half of their assets going to their children when they pass away. They would rather see 100 percent go their surviving spouse to use and distribute as needed.

A basic last will can make these wishes known. Smarter Will was designed to give you the opportunity to create a will and basic estate planning documents quickly, easily and affordably.

No more excuses. Your family is too important.