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

Alabama Statutes

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

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 4 Elective Share of Surviving Spouse; Abatement

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.

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