45-37A-51.240
Section 45-37A-51.240 Law applicable to measurement of benefits. The rights of any person heretofore
or hereafter retired shall continue to be measured and governed by the terms of the system
in effect at the time of such retirement and should such person die during continuance of
such retirement the right of the spouse, child, or children of such deceased retired person
and the rights of the spouse, child, or children of any other deceased person or participant
shall be measured and governed by the terms of the system in effect at the time of the death
of such deceased person or participant. (Act 2006-339, p. 851, Art. VI, §22.)...
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6-10-80
Section 6-10-80 Appraisers - Issuance of commission. When a decedent, who was at the time of
his or her death a resident of this state, leaves surviving him a spouse and minor child or
children, or either, who are bona fide residents of this state, the probate court, at the
time of appointing appraisers of the estate, shall issue a commission to them, stating the
names of the surviving spouse and minor child or children, or either, as the case may be,
and the nature and extent of the personal property exempt in their favor, and directing the
appraisers to set apart the same. (Code 1876, §2825; Code 1886, §2548; Code 1896, §2078;
Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)...
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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...
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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...
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6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and minor
child or children, or either, or to appraise the homestead or to make the report in reference
to the homestead required in Section 6-10-82, then, upon the written application of the surviving
spouse or of the guardian of the minor child or children, the probate court shall appoint
three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set
apart the personal property exempt and appraise the homestead in the manner required of the
appraisers; and, if practicable, they shall also allot and set off the homestead exemption
in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to
the court in writing the personal property set apart, with the value of each...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, §7934; Code 1940,...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The
personal representative of a deceased person, by appointment of a court having jurisdiction
in any state other than the state of Alabama, may receive and collect any indebtedness or
bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal
representative may execute a release, discharge and satisfaction of such indebtedness. Such
personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such
collection shall be made until the lapse of 60 days from the date of the death of the deceased,
and no such collection shall be made if proceedings are pending for the...
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45-28A-42.66
Section 45-28A-42.66 Payments to beneficiaries of deceased retired member. If any retired member
of such police or fire department shall die from any cause, leaving a widow or widower, the
board shall direct the continuation, from the date of such death of 50 percent of the monthly
retirement payments of such deceased retired member to be paid to such widow or widower of
such deceased retired member during his or her natural life while unmarried. Should such deceased
retired member leave no widow or widower surviving him or her, but leave surviving him or
her a child or children under 18 years of age, the board of trustees shall direct the payment
monthly from such fund, until such child or children shall have attained the age of 18 years,
of a sum equal to 50 percent of the monthly retirement payments of such deceased retired member
to the person having control and custody of such child or children or to some other person
as the board of trustees shall direct, the sum to be expended...
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45-28A-42.65
Section 45-28A-42.65 Payments to beneficiaries of deceased active member. If any active member
of such police or fire department, or any member of such department on official leave of absence
from such department and in the Armed Forces of the United States, shall die from any cause
whatever, leaving a widow or widower, the board shall direct the payment from the fund, to
the widow or widower, of a sum equal to 50 percent of the amount specified in this subpart
to be paid to a retired fireman or policeman of the same rank as such deceased member at the
time of his or her death, the monthly payments to continue to such widow or widower during
his or her natural life and while unmarried. Should such deceased member leave no surviving
widow or widower, but leave surviving him or her a child or children under 18 years of age,
the board of trustees shall direct the payment monthly from such fund, until such child or
children shall have attained the age of 18 years, of a sum equal to 50...
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