Title 43

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…

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 status a…

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 modification or terminat…

(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. (Acts 1982, No. 82-399, §8-103.)

Except as otherwise provided in this chapter, this chapter applies to: (1) The affairs and estates of decedents domiciled in this state; and (2) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of thi…

(a) Where a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate are commenced in more than one court of this …

Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representat…

In the event the estate qualifies as a small estate under Section 43-2-691, the summary distribution proceedings for a small estate under Division 10 of Article 18 of Chapter 2 of this title are available to the small estate. (Act 2025-431, §2.)

If an estate is not a small estate, as defined in Section 43-2-691, which is being distributed as a summary distribution under Division 10 of Article 18 of Chapter 2 of this title, then any part of the estate of a decedent not effectively disposed of by the decedent’s will passes…

The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-h…

The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take…

Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of…

If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama. (Acts 1982, No. 82-399, §2-105.)

If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree rece…

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. (Acts 1982, No. 82-399, §2-107.)

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. (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…

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…

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 this state, notice must b…

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. (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. (Acts 1982, No. 82-399, §2-112.)

The estates of dower and curtesy are abolished. (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. (Acts 1982, No. 82-399, §2-114.)

(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…

(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 the date of death, or within six months after the probate of t…

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.)

(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 to satisfy the elective share and to reduce any contributions due…

(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) 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…

(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 amounti…

If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in hous…

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 or her are entitled to a reaso…

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 estat…

The spouse may retain possession of the dwelling house where the surviving spouse resided with the decedent, with the offices and buildings appurtenant thereto and the plantation connected therewith until homestead is assigned, free from the payment of rent. The obligation to pay…

(a) Whenever an employee of another shall die intestate and there shall be due him or her any sum as wages or salary the debtor may discharge himself or herself from liability therefor by paying such amount to the surviving spouse of the deceased employee or, if there is no survi…

On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change …

Any person 18 or more years of age who is of sound mind may make a will. (Acts 1982, No. 82-399, §2-501.)

Except as provided within Section 43-8-135, every will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his or her direction, and shall be signed by at least two persons each of whom witnessed either the s…