Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 8 - Probate Code.

Section 43-8-6 - Rules of Evidence; Evidence as to Death or Status; Presumption of Death. - In proceedings under this chapter the rules of evidence in...

Section 43-8-7 - Effect of Acts by Holder of General Power of Appointment, etc., on Beneficiaries. - For the purpose of granting consent or approval with regard...

Section 43-8-8 - Effective Date; Transition Provisions. - (a) This chapter takes effect on January 1, 1983. (b)...

Section 43-8-9 - Savings Provision for Counties of Jefferson and Mobile. - No provision of this chapter shall be construed to void,...

Article 2 - Applicability, Jurisdiction and Venue, and Implied Oath.

Section 43-8-20 - Applicability of Chapter. - Except as otherwise provided in this chapter, this chapter applies...

Section 43-8-21 - Venue; Multiple Proceedings; Transfer. - (a) Where a proceeding under this chapter could be maintained...

Section 43-8-22 - Filed Documents Deemed to Include Oath or Affirmation. - Except as otherwise specifically provided in this chapter or by...

Article 3 - Intestate Succession.

Section 43-8-40 - Intestate Estate Generally. - Any part of the estate of a decedent not effectively...

Section 43-8-41 - Share of the Spouse. - The intestate share of the surviving spouse is as follows:...

Section 43-8-42 - Share of Heirs Other Than Surviving Spouse. - The part of the intestate estate not passing to the...

Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days. - Any person who fails to survive the decedent by five...

Section 43-8-44 - When Estate Passes to State. - If there is no taker under the provisions of this...

Section 43-8-45 - Division of Estate Where Representation Is Involved. - If representation is called for by this chapter, the estate...

Section 43-8-46 - Inheritance by Relatives of Half Blood. - Relatives of the half blood inherit the same share they...

Section 43-8-47 - Inheritance by Afterborn Heirs. - Relative of the decedent conceived before his death but born...

Section 43-8-48 - Parent and Child Relationship. - If, for purposes of intestate succession, a relationship of parent...

Section 43-8-49 - Advancements. - If a person dies intestate as to all his estate,...

Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried. - Controversies as to advancements are cognizable before the probate court,...

Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee. - In case of the death of any distributee or heir...

Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements. - Pending administration of an estate, on the application of the...

Section 43-8-53 - Controversy as to Advancements - Contest of Answer. - Upon the rendition of the report or answer of the...

Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer. - In case any distributee or heir, or the legal representatives...

Section 43-8-55 - Against Whom Debts Owed to Decedent Charged. - A debt owed to the decedent is not charged against...

Section 43-8-56 - Alien Status Not a Disqualification to Inheriting. - No person is disqualified to take as an heir because...

Section 43-8-57 - Dower and Curtesy Abolished. - The estates of dower and curtesy are abolished.

Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines. - A person who is related to the decedent through two...

Article 4 - Elective Share of Surviving Spouse; Abatement.

Section 43-8-70 - Right of Surviving Spouse to Elective Share. - (a) If a married person domiciled in this state dies,...

Section 43-8-71 - Right of Election Personal to Surviving Spouse. - The right of election of the surviving spouse may be...

Section 43-8-72 - Waiver of Right to Elect and of Other Rights. - The right of election of a surviving spouse and the...

Section 43-8-73 - Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order. - (a) The surviving spouse may elect to take his elective...

Section 43-8-74 - Entitlement of Surviving Spouse to Certain Benefits Regardless of Election. - A surviving spouse is entitled to homestead allowance, exempt property,...

Section 43-8-75 - How Elective Share Satisfied; What Property Applied First; Apportionment of Others' Liability for Balance of Elective Share. - (a) In the proceeding for an elective share, values included...

Section 43-8-76 - Order of Abatement. - (a) Except as provided in subsection (b) of this section...

Article 5 - Spouse and Children Not Provided for in Will.

Section 43-8-90 - Omitted Spouse. - (a) If a testator fails to provide by will for...

Section 43-8-91 - Pretermitted Children. - (a) If a testator fails to provide in his will...

Article 6 - Exempt Property and Allowances.

Section 43-8-110 - Homestead Allowance. - (a) A surviving spouse of a decedent who was domiciled...

Section 43-8-111 - Exempt Property. - If the decedent was domiciled in this state at the...

Section 43-8-112 - Family Allowance. - In addition to the right to homestead allowance and exempt...

Section 43-8-113 - Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person. - If the estate is otherwise sufficient, property specifically devised is...

Section 43-8-114 - Spouse May Retain Dwelling, etc., Until Assignment of Homestead. - The spouse may retain possession of the dwelling house where...

Section 43-8-115 - Discharge of Debtor From Liability for Wages, etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section. - (a) Whenever an employee of another shall die intestate and...

Section 43-8-116 - Adjustments to Exemption Values. - On July 1, 2017, and at the end of each...

Article 7 - Wills Generally.

Division 1 - Execution of Will.

Section 43-8-130 - Who May Make a Will. - Any person 18 or more years of age who is...

Section 43-8-131 - Execution and Signature of Will; Witnesses. - Except as provided within section 43-8-135, every will shall be...

Section 43-8-132 - Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect. - (a) Any will may be simultaneously executed, attested, and made...

Section 43-8-133 - Self-Proved Will - Making Attested Will Self-Proved. - An attested will may be made self-proved through compliance with...

Section 43-8-134 - Who May Witness Will. - (a) Any person generally competent to be a witness may...

Section 43-8-135 - Choice of Law as to Validity of Execution. - A written will is valid if executed in compliance with...

Section 43-8-136 - Revocation by Writing or by Act; When Witnesses Required. - (a) A will or any part thereof is revoked by...

Section 43-8-137 - Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances. - If after executing a will the testator is divorced or...

Section 43-8-138 - When Will Revived on Revocation of Subsequent Will. - (a) If a second will which, had it remained effective...

Section 43-8-139 - Incorporation by Reference. - Any writing in existence when a will is executed may...

Section 43-8-140 - Testamentary Additions to Trusts. - A devise or bequest, the validity of which is determinable...

Section 43-8-141 - Reference to Events of Independent Significance. - A will may dispose of property by reference to acts...

Division 2 - Probate of Will.

Section 43-8-160 - Who May Have Will Probated. - Upon the death of a testator, any executor, devisee, or...

Section 43-8-161 - Time Limit for Probate. - Wills shall not be effective unless filed for probate within...

Section 43-8-162 - Where Will Probated. - Wills must be proved in the several probate courts as...

Section 43-8-163 - Probate Not Prevented by Subsequent Incompetency of Witnesses. - If the witnesses attesting the execution of any will are...

Section 43-8-164 - Notice to Surviving Spouse and Next of Kin - Generally. - Whenever an application is made to prove a will in...

Section 43-8-165 - Notice to Surviving Spouse and Next of Kin - Minors. - If any of the next of kin are minors, such...

Section 43-8-166 - Notice to Surviving Spouse and Next of Kin - Persons Outside State. - If either the surviving spouse or next of kin reside...

Section 43-8-167 - Mode of Proving Will Generally. - (a) Wills offered for probate, except nuncupative wills, must be...

Section 43-8-168 - Depositions of Witnesses. - When the subscribing witnesses, or any of them, reside out...

Section 43-8-169 - Recordation of Witnesses' Testimony. - If it appears, on the proof taken before the judge...

Section 43-8-170 - Certificate Endorsed on Will. - Every will so proved must have a certificate endorsed thereon,...

Section 43-8-171 - Admission of Will in Evidence. - Every will, so proved or endorsed, may be read in...

Section 43-8-172 - Protection of Bona Fide Purchasers, Etc. - Any will which is not propounded for probate in this...

Section 43-8-173 - Withdrawal of Will Before Probate. - When any will is filed with the probate judge or...

Section 43-8-174 - Withdrawal of Will for Proof Out of State. - Whenever any will has been proved and recorded for six...

Section 43-8-175 - Probate of Foreign Will. - When the testator was not, at the time of his...

Division 3 - Contesting Validity of Will.

Section 43-8-190 - Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury. - A will, before the probate thereof, may be contested by...

Section 43-8-191 - Time for Trial; Continuance; Summoning Witnesses. - Upon the institution of such contest, a day must be...

Section 43-8-192 - Drawing and Summoning of Jurors; Penalty for Default. - (a) The jury for the trial of such contest must...

Section 43-8-193 - Proceedings Against Defaulting Witness. - If any witness, being duly summoned, fails to attend, the...

Section 43-8-194 - Depositions of Witnesses; Rules Governing Procedure. - For the trial of such contest, depositions of witnesses may...

Section 43-8-195 - Admission or Rejection of Will. - When the judgment of the probate court is against the...

Section 43-8-196 - Costs. - The costs of any contest under the provisions of this...

Section 43-8-197 - Change of Venue. - (a) At any time before the trial of such contest,...

Section 43-8-198 - Transfer of Contest to Circuit Court; Appeal From Judgment of Circuit Court; Certification of Judgment, etc., to Probate Court. - Upon the demand of any party to the contest, made...

Section 43-8-199 - Contest in Circuit Court After Admission to Probate - Generally. - Any person interested in any will who has not contested...

Section 43-8-200 - Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment. - In the event a contest of the probate of a...

Section 43-8-201 - Contest in Circuit Court After Admission to Probate - Additional Time for Contest by Infants and Persons of Unsound Mind. - After the expiration of such six months, the validity of...

Section 43-8-202 - Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses' Testimony. - The circuit court may, in such case, direct an issue...

Article 8 - Construction of Wills.

Section 43-8-220 - Requirement That Devisee Survive Testator by Five Days. - A devisee who does not survive the testator by five...

Section 43-8-221 - Choice of Law as to Meaning and Effect of Wills. - The meaning and legal effect of a disposition in a...

Section 43-8-222 - Controlling Effect of Intention of Testator. - The intention of a testator as expressed in his will...

Section 43-8-223 - Construction of Will to Pass All Property, Including After-Acquired Property. - A will is construed to pass all property which the...

Section 43-8-224 - Anti-Lapse Provision; Applicability to Deceased Devisees and to Class Gifts. - If a devisee who is a grandparent or a lineal...

Section 43-8-225 - Effect of Failure of Testamentary Provisions. - (a) Except as provided in section 43-8-224 if a devise...

Section 43-8-226 - Specific Devise of Securities; Change in Securities; Accessions; Nonademption. - (a) If the testator intended a specific devise of certain...

Section 43-8-227 - Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator. - (a) A specific devisee has the right to the remaining...

Section 43-8-228 - Nonexoneration. - A specific devise passes subject to any mortgage interest existing...

Section 43-8-229 - Exercise of Power of Appointment. - A general residuary clause in a will, or a will...

Section 43-8-230 - Construction of Generic Terms to Accord With Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father. - Half-bloods, adopted persons, and persons born out of wedlock are...

Section 43-8-231 - Ademption by Satisfaction. - Property which a testator gave in his lifetime to a...

Article 9 - Miscellaneous Provisions.

Section 43-8-250 - Contracts Concerning Succession, etc.; No Presumption of Nonrevocation From Joint or Mutual Wills. - A contract to make a will or devise, or not...

Section 43-8-251 - Renunciation of Succession. - Renunciation of succession shall be through compliance with Article 11...

Section 43-8-252 - Effect of Divorce, Annulment, or Decree of Separation. - (a) A person who is divorced from the decedent or...

Section 43-8-253 - Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc. - (a) A surviving spouse, heir or devisee who feloniously and...

Section 43-8-254 - Appointment of Debtor as Executor. - The appointment of a debtor as an executor is not...

Section 43-8-255 - Administrators With Will Annexed Have Same Powers as Executors. - Administrators with the will annexed have the same powers and...

Section 43-8-256 - Testator May Preclude Corporation From Becoming Surety on Bond of Executor or Administrator. - Whenever any testator, by the terms of his will, so...

Article 10 - Custody of Wills.

Section 43-8-270 - Duty of Custodian of Will After Death of Testator; Liability. - After the death of a testator and on request of...

Article 11 - Uniform Disclaimer of Property Interests.

Section 43-8-290 - Short Title. - This article may be cited as the Alabama Uniform Disclaimer...

Section 43-8-291 - Right to Disclaim Interest in Property. - (a) A person, or the representative of a deceased, incapacitated...

Section 43-8-292 - Filing and Delivery of Disclaimer. - (a) Except as provided in subsection (c) of this section,...

Section 43-8-293 - Form of Disclaimer. - The disclaimer shall: (1) Be in writing; (2) Describe the...

Section 43-8-294 - Effect of Disclaimer. - (a) If the property or interest devolved to a disclaimant...

Section 43-8-295 - Waiver and Bar. - The right to disclaim property or an interest therein is...

Section 43-8-296 - Remedy Not Exclusive. - This article does not abridge the right of a person...

Section 43-8-297 - Uniformity of Application and Construction. - This article shall be applied and construed to effectuate its...

Section 43-8-298 - Applicability of Article. - An interest in property that exists on the effective date...

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Code of Alabama Title 43 - Wills and Decedents' Estates. Chapter 8 - Probate Code.

Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 8 - Probate Code.