Alabama Statutes
§ 43-8-41 — Share of the Spouse
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-half of the balance of the intestate estate;
(3)If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;
(4)If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5)If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
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Related
State ex rel. Alabama Policy Institute
200 So. 3d 495 (Supreme Court of Alabama, 2015)
Legislative History
(Acts 1982, No. 82-399, §2-102.)
Nearby Sections
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§ 43-2-110
Limits of Liability Generally§ 43-2-113
Executor De Son Tort§ 43-2-114
Resignation as Defense§ 43-2-130
Venue; Service of Process§ 43-2-137
Action on Bond§ 43-2-138
Action by Legatee to Recover Legacy