Alabama § 43-8-41 Share of the Spouse

Alabama Statutes

§ 43-8-41 — Share of the Spouse

Alabama § 43-8-41

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 3Intestate Succession

This text of Alabama § 43-8-41 (Share of the Spouse) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-41 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.