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...
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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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6-10-102
Section 6-10-102 Effect of removal from homestead. When homestead exemption has been allotted
to the surviving spouse and minor child or children, or either, under any of the provisions
of this division, they shall not be held to have abandoned or forfeited the same by a removal
therefrom. (Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)...

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6-10-67
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions
thereon. Before grant of administration and before the exempt property is set apart, the right
of the surviving spouse and minor child or children, or either, to the use and benefit of
such property shall be the same as if it had been set apart as exempt; and actions respecting
the same may be commenced or defended by the surviving spouse or, if there is no surviving
spouse, by the minor child, or children, as fully and to the same extent as if such property
had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code
1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)...
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6-10-94
Section 6-10-94 Reduced homestead incapable of allotment - Possession by surviving spouse and
minor children until sold, etc. When the homestead, after being reduced to its lowest practicable
area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained,
the surviving spouse and minor child or children, or either, may retain the possession of
the homestead as thus reduced, free from the payment of rent, until the same shall be sold
or there is a division of the lands of the decedent; and in the event of a sale of such homestead
in the course of administration, it shall be sold separately from the other lands of the decedent,
if there be other. (Code 1896, §2092; Code 1907, §4219; Code 1923, §7942; Code 1940, T.
7, §685; Acts 1951, No. 911, p. 1558, §1.)...
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45-37A-51.233
Section 45-37A-51.233 Death prior to retirement; return of contributions. In the event a participant
shall die prior to retirement and without a surviving spouse or children eligible for benefits
hereunder, there shall be payable to the severance beneficiary, as defined in Section 45-37A-51.236,
in an amount equal to the participant's total contributions to the system, without interest,
less an amount, equal to one-half the total of all disability retirement benefits paid to
the deceased participant prior to his or her death, if any, to participant's severance beneficiary.
(Act 2006-339, p. 851, Art. VI, §15.)...
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6-10-81
Section 6-10-81 Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property, having
regard, as far as consistent with their duties, to the selection made by the surviving spouse
or the guardian of the minor child or children, if such selection is made; estimating it at
its appraised value and permitting the surviving spouse or, if there is no surviving spouse
or the surviving spouse fails to act, the guardian of the minor child or children to select
the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement
a report of the property so set apart, showing each item thereof and its appraised value.
(Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T.
7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)...
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6-10-90
Section 6-10-90 Report of appraisers or commissioners - Taxation of cost on exceptions being
filed. If the exceptions are filed by the surviving spouse or on behalf of the minor child
or children and are not sustained, the costs shall be taxed against the surviving spouse or
the next friend of the child or children, or against both if they are joined in the exceptions,
and in all other cases against the unsuccessful party. (Code 1886, §2558; Code 1896, §2088;
Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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5-5A-40
Section 5-5A-40 Disposition of deposit in trust for another upon death of trustee. Whenever
any deposit shall be made in any bank by any person in trust for another and no other or further
notice of the existence and terms of a legal and valid trust shall have been given in writing
to and received by the bank, in the event of the death of the trustee, such deposit or any
part thereof, together with any interest thereon, may be paid to the person for whom said
deposit was made, whether a minor or adult, and the receipt or acquittance of such person
shall fully relieve and release said bank from all liability. (Acts 1980, No. 80-658, §5-5-40.)...

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