Alabama § 43-8-71 Right of Election Personal to Surviving Spouse

Alabama Statutes

§ 43-8-71 — Right of Election Personal to Surviving Spouse

Alabama § 43-8-71

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 4Elective Share of Surviving Spouse; Abatement

This text of Alabama § 43-8-71 (Right of Election Personal to Surviving 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 § 43-8-71 (2026).

Text

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 upon petition of the fiduciary or upon the court’s own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his or her probable life expectancy.

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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 upon petition of the fiduciary or upon the court’s own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his or her probable life expectancy.