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 one-half of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 3 - Intestate Succession.
Section 43-8-40 - Intestate Estate Generally.
Section 43-8-41 - Share of the Spouse.
Section 43-8-42 - Share of Heirs Other Than Surviving Spouse.
Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days.
Section 43-8-44 - When Estate Passes to State.
Section 43-8-45 - Division of Estate Where Representation Is Involved.
Section 43-8-46 - Inheritance by Relatives of Half Blood.
Section 43-8-47 - Inheritance by Afterborn Heirs.
Section 43-8-48 - Parent and Child Relationship.
Section 43-8-49 - Advancements.
Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried.
Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.
Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements.
Section 43-8-53 - Controversy as to Advancements - Contest of Answer.
Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer.
Section 43-8-55 - Against Whom Debts Owed to Decedent Charged.
Section 43-8-56 - Alien Status Not a Disqualification to Inheriting.
Section 43-8-57 - Dower and Curtesy Abolished.
Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines.