Chapter8. PROBATE CODE.


Article 1. General Provisions.
§ 43-8-1. General definitions.
§ 43-8-2. Construction of chapter; purposes and policies.
§ 43-8-3. Supplementary effect of principles of law and equity.
§ 43-8-4. Construction against implied repeal.
§ 43-8-5. Relief against fraud; limitations.
§ 43-8-6. Rules of evidence; evidence as to death or status; presumption of death.
§ 43-8-7. Effect of acts by holder of general power of appointment, etc., on beneficiaries.
§ 43-8-8. Effective date; transition provisions.
§ 43-8-9. Savings provision for counties of Jefferson and Mobile.
Article 2. Applicability, Jurisdiction and Venue, and Implied Oath.
§ 43-8-20. Applicability of chapter.
§ 43-8-21. Venue; multiple proceedings; transfer.
§ 43-8-22. Filed documents deemed to include oath or affirmation.
Article 3. Intestate Succession.
§ 43-8-40. Intestate estate generally.
§ 43-8-41. Share of the spouse.
§ 43-8-42. Share of heirs other than surviving spouse.
§ 43-8-43. Requirement that heir survive decedent for five days.
§ 43-8-44. When estate passes to state.
§ 43-8-45. Division of estate where representation is involved.
§ 43-8-46. Inheritance by relatives of half blood.
§ 43-8-47. Inheritance by afterborn heirs.
§ 43-8-48. Parent and child relationship.
§ 43-8-49. Advancements.
§ 43-8-50. Controversy as to advancements - How issue made up and tried.
§ 43-8-51. Controversy as to advancements - Discovery of advancements.
§ 43-8-52. Controversy as to advancements - Proceedings and answer upon death of distributee.
§ 43-8-53. Controversy as to advancements - Contest of answer.
§ 43-8-54. Controversy as to advancements - Consequence of failure to answer.
§ 43-8-55. Against whom debts owed to decedent charged.
§ 43-8-56. Alien status not a disqualification to inheriting.
§ 43-8-57. Dower and curtesy abolished.
§ 43-8-58. Share of persons related to decedent through two lines.
Article 4. Elective Share of Surviving Spouse; Abatement.
§ 43-8-70. Right of surviving spouse to elective share.
§ 43-8-71. Right of election personal to surviving spouse.
§ 43-8-72. Waiver of right to elect and of other rights.
§ 43-8-73. Procedure for making election; petition; time limit; notice and hearing; withdrawal of demand; order of court; enforcement of order.
§ 43-8-74. Entitlement of surviving spouse to certain benefits regardless of election.
§ 43-8-75. How elective share satisfied; what property applied first; apportionment of others' liability for balance of elective share.
§ 43-8-76. Order of abatement.
Article 5. Spouse and Children Not Provided for in Will.
§ 43-8-90. Omitted spouse.
§ 43-8-91. Pretermitted children.
Article 6. Exempt Property and Allowances.
§ 43-8-110. Homestead allowance.
§ 43-8-111. Exempt property.
§ 43-8-112. Family allowance.
§ 43-8-113. Source, determination and documentation of exempt property and allowances; petition for relief by personal representative or interested person.
§ 43-8-114. Spouse may retain dwelling, etc., until assignment of homestead.
§ 43-8-115. Discharge of debtor from liability for wages, etc., owed intestate former employee of another; status of funds paid under this section.
Article 7. Wills Generally.
Division 1. Execution of Will.
§ 43-8-130. Who may make a will.
§ 43-8-131. Execution and signature of will; witnesses.
§ 43-8-132. Self-proved will - Form and execution; how attested will made self-proved; effect.
§ 43-8-133. Self-proved will - Making attested will self-proved.
§ 43-8-134. Who may witness will.
§ 43-8-135. Choice of law as to validity of execution.
§ 43-8-136. Revocation by writing or by act; when witnesses required.
§ 43-8-137. Revocation by divorce or annulment; revival by remarriage; no revocation by other changes or circumstances.
§ 43-8-138. When will revived on revocation of subsequent will.
§ 43-8-139. Incorporation by reference.
§ 43-8-140. Testamentary additions to trusts.
§ 43-8-141. Reference to events of independent significance.
Division 2. Probate of Will.
§ 43-8-160. Who may have will probated.
§ 43-8-161. Time limit for probate.
§ 43-8-162. Where will probated.
§ 43-8-163. Probate not prevented by subsequent incompetency of witnesses.
§ 43-8-164. Notice to surviving spouse and next of kin - Generally.
§ 43-8-165. Notice to surviving spouse and next of kin - Minors.
§ 43-8-166. Notice to surviving spouse and next of kin - Persons outside state.
§ 43-8-167. Mode of proving will generally.
§ 43-8-168. Depositions of witnesses.
§ 43-8-169. Recordation of witnesses' testimony.
§ 43-8-170. Certificate endorsed on will.
§ 43-8-171. Admission of will in evidence.
§ 43-8-172. Protection of bona fide purchasers, etc.
§ 43-8-173. Withdrawal of will before probate.
§ 43-8-174. Withdrawal of will for proof out of state.
§ 43-8-175. Probate of foreign will.
Division 3. Contesting Validity of Will.
§ 43-8-190. Who may contest will; filing objections; making up issue; trial by jury.
§ 43-8-191. Time for trial; continuance; summoning witnesses.
§ 43-8-192. Drawing and summoning of jurors; penalty for default.
§ 43-8-193. Proceedings against defaulting witness.
§ 43-8-194. Depositions of witnesses; rules governing procedure.
§ 43-8-195. Admission or rejection of will.
§ 43-8-196. Costs.
§ 43-8-197. Change of venue.
§ 43-8-198. Transfer of contest to circuit court; appeal from judgment of circuit court; certification of judgment, etc., to probate court.
§ 43-8-199. Contest in circuit court after admission to probate - Generally.
§ 43-8-200. Contest in circuit court after admission to probate - Parties; conclusiveness of judgment.
§ 43-8-201. Contest in circuit court after admission to probate - Additional time for contest by infants and persons of unsound mind.
§ 43-8-202. Contest in circuit court after admission to probate - Trial of issues by jury; consideration of witnesses' testimony.
Article 8. Construction of Wills.
§ 43-8-220. Requirement that devisee survive testator by five days.
§ 43-8-221. Choice of law as to meaning and effect of wills.
§ 43-8-222. Controlling effect of intention of testator.
§ 43-8-223. Construction of will to pass all property, including after-acquired property.
§ 43-8-224. Anti-lapse provision; applicability to deceased devisees and to class gifts.
§ 43-8-225. Effect of failure of testamentary provisions.
§ 43-8-226. Specific devise of securities; change in securities; accessions; nonademption.
§ 43-8-227. Nonademption of specific devises in certain cases; proceeds of sale, condemnation, insurance or foreclosure; sale by guardian or curator.
§ 43-8-228. Nonexoneration.
§ 43-8-229. Exercise of power of appointment.
§ 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.
§ 43-8-231. Ademption by satisfaction.
Article 9. Miscellaneous Provisions.
§ 43-8-250. Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills.
§ 43-8-251. Renunciation of succession.
§ 43-8-252. Effect of divorce, annulment, or decree of separation.
§ 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.
§ 43-8-254. Appointment of debtor as executor.
§ 43-8-255. Administrators with will annexed have same powers as executors.
§ 43-8-256. Testator may preclude corporation from becoming surety on bond of executor or administrator.
Article 10. Custody of Wills.
§ 43-8-270. Duty of custodian of will after death of testator; liability.
Article 11. Uniform Disclaimer of Property Interests.
§ 43-8-290. Short title.
§ 43-8-291. Right to disclaim interest in property.
§ 43-8-292. Filing and delivery of disclaimer.
§ 43-8-293. Form of disclaimer.
§ 43-8-294. Effect of disclaimer.
§ 43-8-295. Waiver and bar.
§ 43-8-296. Remedy not exclusive.
§ 43-8-297. Uniformity of application and construction.
§ 43-8-298. Applicability of article.