The right of election of the surviving spouse may be exercised only by the surviving spouse during his lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court upon petition of the fiduciary or upon the court's own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his probable life expectancy.
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.