Alabama Statutes

§ 43-8-41 — Share of the Spouse

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 3 Intestate Succession

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)
20 case citations

Legislative History

(Acts 1982, No. 82-399, §2-102.)

Nearby Sections

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