43-8-76
Section 43-8-76 Order of abatement. (a) Except as provided in subsection (b) of this section
and except as provided in connection with the share of the surviving spouse who elects to
take an elective share, shares of distributees abate, without any preference or priority as
between real and personal property, in the following order: (1) Property not disposed of by
the will; (2) Residuary devises; (3) General devises; (4) Specific devises. For purposes of
abatement, a general devise charged on any specific property or fund is a specific devise
to the extent of the value of the property on which it is charged, and upon the failure or
insufficiency of the property on which it is charged, a general devise to the extent of the
failure or insufficiency. Abatement within each classification is in proportion to the value
of property each of the beneficiaries would have received if full distribution of the property
had been made in accordance with the terms of the will. (b) If the will...
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43-8-74
Section 43-8-74 Entitlement of surviving spouse to certain benefits regardless of election.
A surviving spouse is entitled to homestead allowance, exempt property, and family allowance,
whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)...
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1) Effective
for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant dies as
a result of injuries received in the line of duty and leaves a surviving spouse, the retirement
board shall direct the payment to the surviving spouse of a monthly pension equal to Option
B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year
service retirement. b. No Surviving Spouse and Surviving Children. If a participant dies as
a result of injuries received in the line of duty and leaves no surviving spouse or the surviving
spouse should die, and if the participant leaves a surviving child or children under the age
of 18 years, then a benefit of 50 percent of the amount the participant would have been paid
under the 100 percent joint and survivor plan based on a 30-year service retirement shall
be paid to the legal guardian of the child or children then under...
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34-13-74
Section 34-13-74 Application by surviving spouse upon death of funeral director; operation
under special permit by operator. (a) When a licensed funeral director dies leaving a licensed
funeral business with no licensed funeral director, the surviving spouse, or a surviving child
of legal age, may make application for examination as a funeral director. The application
shall be in writing, on a form prescribed by the board, and shall state the facts pertaining
to the case. The board may certify the applicant for the examination prescribed for funeral
directors, in which event the requirements with respect to prior experience and apprenticeship
shall be waived. (b) When a licensed funeral director dies leaving a licensed funeral business
with no licensed funeral director, the board may issue a special operating permit to the operator
of the licensed funeral business for a period of up to 12 months, with the board having the
right to extend the permit an additional reasonable time to...
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43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or
distributees. Upon delivering a copy of the judge's order for summary distribution or an affidavit
executed by any person having knowledge of the fact and alleging the concurrence of the conditions
listed in subsection (b) of section 43-2-692 showing the defeasible right therein, together
with a copy of the decedent's will if the claim is under such will, such spouse or distributee
shall be entitled to have the decedent's property or the evidence of the decedent's ownership
in such property transferred to him by any person owing any money to the decedent's estate,
having custody of any personal property of the decedent or acting as a registrar or transfer
agent of any evidence of interest, indebtedness, property or right of the deceased therein.
(Acts 1975, 3rd Ex. Sess., No. 145, §5.)...
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43-2-695
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees. The defeasible
right of the surviving spouse or distributees provided for by this division shall be subject
only to any preexisting rights to administer the estate or probate the will, or to the superior
rights of any other person to such personal property. (Acts 1975, 3rd Ex. Sess., No. 145,
§6.)...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all of the
provisions of this chapter shall be applicable to so much of the estates of nonresident decedents
as is subject to estate tax under the act of Congress in effect at the time of the death of
decedent as consists of real estate or tangible personal property located within this state
or other items of property or interest therein lawfully subject to the imposition of an estate
tax by the State of Alabama. (b) In assessing the tax upon any real estate or tangible property
located within this state belonging to the estate of a nonresident decedent, which shall pass
by will, devise or by the laws of intestacy, the Department of Revenue shall determine the
tax due to be such proportion of the federal estate tax as would be leviable upon an estate
of similar taxable net value, less that proportion of any exemption to which the estate is
entitled, which the actual value of the real estate and tangible...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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30-2-51
Section 30-2-51 Allowance upon grant of divorce; certain property not considered; retirement
benefits. (a) If either spouse has no separate estate or if it is insufficient for the maintenance
of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a
spouse an allowance out of the estate of the other spouse, taking into consideration the value
thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge
may not take into consideration any property acquired prior to the marriage of the parties
or by inheritance or gift unless the judge finds from the evidence that the property, or income
produced by the property, has been used regularly for the common benefit of the parties during
their marriage. (b)(1) The marital estate is subject to equitable division and distribution.
Unless the parties agree otherwise, and except as otherwise provided by federal or state law,
the marital estate includes any interest, whether vested or...
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