(a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of:
(1) All of the estate of the deceased reduced by the value of the surviving spouse's separate estate; or
(2) One-third of the estate of the deceased.
(b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute;
(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and
(3) All income and other beneficial interests:
a. Under a trust;
b. In proceeds of insurance on the life of the decedent; and
c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.
(c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 4 - Elective Share of Surviving Spouse; Abatement.
Section 43-8-70 - Right of Surviving Spouse to Elective Share.
Section 43-8-71 - Right of Election Personal to Surviving Spouse.
Section 43-8-72 - Waiver of Right to Elect and of Other Rights.
Section 43-8-74 - Entitlement of Surviving Spouse to Certain Benefits Regardless of Election.