Title 43 — Title 43

Relative of the decedent conceived before his or her death but born thereafter inherit as if they had been born in the lifetime of the decedent. History: (Acts 1982, No. 82-399, §2-108.)

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the s…

If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing b…

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrat…

Controversies as to advancements are cognizable before the probate court, on the application, either of a party who has received an advancement, or of a party in interest, who alleges that an advancement has been made; and upon demand of either party, an issue in writing shall be…

Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such advancem…

Death of Distributee. In case of the death of any distributee or heir alleged to have received advancements, his or her legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in Section 43-8-51; and if they are residents of thi…

Upon the rendition of the report or answer of the distributee or heir alleged to have received an advancement, or of his or her legal representatives or heirs, if deceased, if the executor or administrator, or any of the parties interested in such estate are not satisfied with th…

In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answe…

A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue. History: (Acts 1982, No. 82-399, §2-111.…

No person is disqualified to take as an heir because he or she or a person through whom he or she claims is or has been an alien. History: (Acts 1982, No. 82-399, §2-112.)

The estates of dower and curtesy are abolished. History: (Acts 1982, No. 82-399, §2-113.)

A person who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship which would entitle him or her to the larger share. History: (Acts 1982, No. 82-399, §2-114.)

Death. In proceedings under this chapter, the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and s…

Beneficiaries. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modificat…

(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 est…

The right of election of the surviving spouse may be exercised only by the surviving spouse during his or her lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court…

The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by t…

Withdrawal of Demand; Order of Court; Enforcement of Order. (a) The surviving spouse may elect to take his or her 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 th…

Election. A surviving spouse is entitled to homestead allowance, exempt property, and family allowance, whether or not he elects to take an elective share. History: (Acts 1982, No. 82-399, §2-206.)

Apportionment of Others’ Liability for Balance of Elective Share. (a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first…

(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 th…

(a) This chapter takes effect on January 1, 1983. (b) Except as provided elsewhere in this chapter, on January 1, 1983: (1) The chapter applies to any wills of decedents dying thereafter; (2) An act of any personal representative or guardian done before January 1, 1983 in any pro…

No provision of this chapter shall be construed to void, alter, or modify, when invoked, the equity jurisdiction or powers of Jefferson and Mobile counties. History: (Acts 1982, No. 82-399, §8-103.)

(a) If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it appears from the…

(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intest…