Section 43-8-40 Intestate estate generally. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter. (Acts 1982, No. 82-399, §2-101.)
Section 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 […]
Section 43-8-42 Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship […]
Section 43-8-43 Requirement that heir survive decedent for five days. Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or […]
Section 43-8-44 When estate passes to state. If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama. (Acts 1982, No. 82-399, §2-105.)
Section 43-8-45 Division of estate where representation is involved. If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the […]
Section 43-8-46 Inheritance by relatives of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. (Acts 1982, No. 82-399, §2-107.)
Section 43-8-47 Inheritance by afterborn heirs. Relative of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent. (Acts 1982, No. 82-399, §2-108.)
Section 43-8-48 Parent and child relationship. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the […]
Section 43-8-49 Advancements. If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an […]
Section 43-8-50 Controversy as to advancements – How issue made up and tried. Controversies as to advancements are cognizable before the probate court, on the application, either of a party who has received an advancement, or of a party in interest, who alleges that an advancement has been made; and upon demand of either party, […]
Section 43-8-51 Controversy as to advancements – Discovery of advancements. Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such […]
Section 43-8-52 Controversy as to advancements – Proceedings and answer upon death of distributee. In case of the death of any distributee or heir alleged to have received advancements, his legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in section 43-8-51; and if […]
Section 43-8-53 Controversy as to advancements – Contest of answer. Upon the rendition of the report or answer of the distributee or heir alleged to have received an advancement, or of his legal representatives or heirs, if deceased, if the executor or administrator, or any of the parties interested in such estate are not satisfied […]
Section 43-8-54 Controversy as to advancements – Consequence of failure to answer. In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a […]
Section 43-8-55 Against whom debts owed to decedent charged. A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue. (Acts 1982, No. […]
Section 43-8-56 Alien status not a disqualification to inheriting. No person is disqualified to take as an heir because he or a person through whom he claims is or has been an alien. (Acts 1982, No. 82-399, §2-112.)
Section 43-8-57 Dower and curtesy abolished. The estates of dower and curtesy are abolished. (Acts 1982, No. 82-399, §2-113.)
Section 43-8-58 Share of persons related to decedent through two lines. A person who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship which would entitle him to the larger share. (Acts 1982, No. 82-399, §2-114.)
