Alabama Code (Last Updated: November 28, 2014) |
Title43 WILLS AND DECEDENTS' ESTATES. |
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. |
§ 43-8-254. 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. |