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.)
Entitlement of Surviving Spouse to Certain Benefits Regardless of Election
Ala. Code § 43-8-74, under Elective Share of Surviving Spouse; Abatement.
Ala. Code § 43-8-74