43-8-42
Section 43-8-42 Share of heirs other than surviving spouse. 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-42.htm - 1K - Match Info - Similar pages

43-8-70
Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled
in this state dies, the surviving spouse has a right of election to take an elective share
of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased
reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate
of the deceased. (b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse
outright or in fee simple absolute; (2) All legal and equitable interests in property the
possession or enjoyment of which are acquired only by surviving the decedent; and (3) All
income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the
life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing,
stock bonus, deferred compensation, disability, death benefit or other such plan...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-70.htm - 1K - Match Info - Similar pages

43-8-41
Section 43-8-41 Share of the spouse. The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the
first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there
are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00
in value, plus one-half of the balance of the intestate estate; (4) If there are surviving
issue one or more of whom are not issue of the surviving spouse, one-half of the intestate
estate; (5) If the estate is located in two or more states, the share shall not exceed in
the aggregate the allowable amounts under this chapter. (Acts 1982, No. 82-399, §2-102.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-41.htm - 1K - Match Info - Similar pages

43-8-110
Section 43-8-110 Homestead allowance. (a) A surviving spouse of a decedent who was domiciled
in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000).
If there is no surviving spouse, each minor child and each dependent child of the decedent
is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided
by the number of minor and dependent children of the decedent. The homestead allowance is
exempt from and has priority over all claims against the estate. Homestead allowance is in
addition to any share passing to the surviving spouse or minor or dependent child by the will
of the decedent unless otherwise provided in the will, by intestate succession or by way of
elective share. (b) The value of any constitutional right of homestead in the family home
received by a surviving spouse or child shall be charged against that spouse or child's homestead
allowance to the extent that the family home is part of the decedent's estate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-110.htm - 1K - Match Info - Similar pages

43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart or distributed
to any widow, heir at law or distributee of such decedent, and it appears to the satisfaction
of the court that it is to the interest of the parties interested in the estate that such
share or shares should be kept and worked together with such estate remaining undivided, the
probate court, upon the application of the executor or administrator, and of the owner or
owners of such share or shares, may order the executor or administrator to keep such share
or shares, and work the same, together with the estate remaining undivided, for a term not
exceeding 10 years; but such order must not be granted, if in conflict with the will of the
testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896, §280; Code
1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-332.htm - 1K - Match Info - Similar pages

43-8-111
Section 43-8-111 Exempt property. If the decedent was domiciled in this state at the time of
death the surviving spouse is entitled to receive, in addition to the homestead allowance,
property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of
any security interests therein in household furniture, automobiles, furnishings, appliances
and personal effects. If there is no surviving spouse, children of the decedent are entitled
jointly to the same value. If encumbered chattels are selected and if the value in excess
of security interests, plus that of other exempt property, is less than seven thousand five
hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500)
worth of exempt property in the estate, the spouse or children are entitled to other assets
of the estate, if any, to the extent necessary to make up the seven thousand five hundred
dollars ($7,500) value. Rights to exempt property and assets needed to make up a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-111.htm - 1K - Match Info - Similar pages

43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal representative,
if any, a petition for the elective share within six months after the date of death, or within
six months after the probate of the decedent's will, whichever limitation last expires. The
court may extend the time for election for cause shown by the surviving spouse before the
time for election has expired. (b) The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate whose interests will be adversely
affected by the taking of the elective share. (c) The surviving spouse may withdraw his demand
for an elective share at any time before entry of a final determination by the court. (d)
After notice and hearing, the court shall determine the amount...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-73.htm - 2K - Match Info - Similar pages

43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-112.htm - 1K - Match Info - Similar pages

43-8-45
Section 43-8-45 Division of estate where representation is involved. If representation is called
for by this chapter, the estate is divided into as many shares as there are surviving heirs
in the nearest degree of kinship and deceased persons in the same degree who left issue who
survive the decedent, each surviving heir in the nearest degree receiving one share and the
share of each deceased person in the same degree being divided among the issue of such deceased
heir in the same manner. (Acts 1982, No. 82-399, §2-106.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-45.htm - 833 bytes - Match Info - Similar pages

5-24-12
Section 5-24-12 Rights at death. (a) Except as otherwise provided in this chapter, on death
of a party sums on deposit in a multiple-party account belong to the surviving party or parties.
If two or more parties survive and one is the surviving spouse of the decedent, the amount
to which the decedent, immediately before death, was beneficially entitled under Section 5-24-11
belongs to the surviving spouse. If two or more parties survive and none is the surviving
spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially
entitled under Section 5-24-11 belongs to the surviving parties in equal shares, and augments
the proportion to which each survivor, immediately before the decedent's death, was beneficially
entitled under Section 5-24-11, and the right of survivorship continues between the surviving
parties. (b) In an account with a POD designation: (1) On death of one of two or more parties,
the rights in sums on deposit are governed by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-24-12.htm - 3K - Match Info - Similar pages