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 of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 43-8-44.
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.