(a) Upon the death of a person, decedent's real property devolves to the persons to whom it is devised by decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate, or in the absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates.
(b) Decedent's personal property devolves to the personal representative to be distributed to:
(1) Those persons to whom it is devised by the testator's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate; or
(2) In the absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving renunciations or other circumstances affecting devolution of intestate estates.
(c) The devolution of a decedent's property, real and personal, is subject to homestead allowance, exempt property, family allowance, rights of creditors, elective share of the surviving spouse, and to administration.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 20 - Probate Procedure Act.
Section 43-2-830 - Devolution of Estate at Death; Restrictions.
Section 43-2-831 - Time of Accrual of Duties and Powers.
Section 43-2-832 - Priority Among Different Letters.
Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception.
Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement.
Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory.
Section 43-2-837 - Duty of Personal Representative; Possession of Estate.
Section 43-2-838 - Power to Avoid Transfers.
Section 43-2-839 - Powers of Personal Representatives; in General.
Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty.
Section 43-2-842 - Persons Dealing With Personal Representative; Protection.
Section 43-2-843 - Transactions Authorized for Personal Representatives; Exceptions.
Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval.
Section 43-2-845 - Powers and Duties of Successor Personal Representative.
Section 43-2-846 - Co-Representatives; When Joint Action Required.
Section 43-2-847 - Powers of Surviving Personal Representative.
Section 43-2-848 - Compensation of Personal Representative.
Section 43-2-849 - Expenses in Estate Litigation.
Section 43-2-852 - Terms and Requirements of Bonds.