US Lawyer Database

Section 43-8-55 – Against Whom Debts Owed to Decedent Charged.

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 43-8-40 – Intestate Estate Generally.

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.

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.

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.

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.

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.

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 […]