2006 Alabama Chapter 8 — PROBATE CODE.

Article 1 General Provisions.

• Section 43-8-1 — General definitions.
• Section 43-8-2 — Construction of chapter; purposes and policies.
• Section 43-8-3 — Supplementary effect of principles of law and equity.
• Section 43-8-4 — Construction against implied repeal.
• Section 43-8-5 — Relief against fraud; limitations.
• Section 43-8-6 — Rules of evidence; evidence as to death or status; presumption of death.
• Section 43-8-7 — Effect of acts by holder of general power of appointment, etc., on beneficiaries.
• Section 43-8-8 — Effective date; transition provisions.
• Section 43-8-9 — Savings provision for counties of Jefferson and Mobile.

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

• Section 43-8-20 — Applicability of chapter.
• Section 43-8-21 — Venue; multiple proceedings; transfer.
• Section 43-8-22 — Filed documents deemed to include oath or affirmation.

Article 3 Intestate Succession.

• Section 43-8-40 — Intestate estate generally.
• Section 43-8-41 — Share of the spouse.
• Section 43-8-42 — Share of heirs other than surviving spouse.
• Section 43-8-43 — Requirement that heir survive decedent for five days.
• Section 43-8-44 — When estate passes to state.
• Section 43-8-45 — Division of estate where representation is involved.
• Section 43-8-46 — Inheritance by relatives of half blood.
• Section 43-8-47 — Inheritance by afterborn heirs.
• Section 43-8-48 — Parent and child relationship.
• Section 43-8-49 — Advancements.
• Section 43-8-50 — Controversy as to advancements - How issue made up and tried.
• Section 43-8-51 — Controversy as to advancements - Discovery of advancements.
• Section 43-8-52 — Controversy as to advancements - Proceedings and answer upon death of distributee.
• Section 43-8-53 — Controversy as to advancements - Contest of answer.
• Section 43-8-54 — Controversy as to advancements - Consequence of failure to answer.
• Section 43-8-55 — Against whom debts owed to decedent charged.
• Section 43-8-56 — Alien status not a disqualification to inheriting.
• Section 43-8-57 — Dower and curtesy abolished.
• Section 43-8-58 — Share of persons related to decedent through two lines.

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 43-8-73 — Procedure for making election; petition; time limit; notice and hearing; withdrawal of demand; order of court; enforcement of order.
• Section 43-8-74 — Entitlement of surviving spouse to certain benefits regardless of election.
• Section 43-8-75 — How elective share satisfied; what property applied first; apportionment of others' liability for balance of elective share.
• Section 43-8-76 — Order of abatement.

Article 5 Spouse and Children Not Provided for in Will.

• Section 43-8-90 — Omitted spouse.
• Section 43-8-91 — Pretermitted children.

Article 6 Exempt Property and Allowances.

• Section 43-8-110 — Homestead allowance.
• Section 43-8-111 — Exempt property.
• Section 43-8-112 — Family allowance.
• Section 43-8-113 — Source, determination and documentation of exempt property and allowances; petition for relief by personal representative or interested person.
• Section 43-8-114 — Spouse may retain dwelling, etc., until assignment of homestead.
• 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.

Article 7 Wills Generally.

• Section 43-8-130 — Who may make a will.
• Section 43-8-131 — Execution and signature of will; witnesses.
• Section 43-8-132 — Self-proved will - Form and execution; how attested will made self-proved; effect.
• Section 43-8-133 — Self-proved will - Making attested will self-proved.
• Section 43-8-134 — Who may witness will.
• Section 43-8-135 — Choice of law as to validity of execution.
• Section 43-8-136 — Revocation by writing or by act; when witnesses required.
• Section 43-8-137 — Revocation by divorce or annulment; revival by remarriage; no revocation by other changes or circumstances.
• Section 43-8-138 — When will revived on revocation of subsequent will.
• Section 43-8-139 — Incorporation by reference.
• Section 43-8-140 — Testamentary additions to trusts.
• Section 43-8-141 — Reference to events of independent significance.
• Section 43-8-160 — Who may have will probated.
• Section 43-8-161 — Time limit for probate.
• Section 43-8-162 — Where will probated.
• Section 43-8-163 — Probate not prevented by subsequent incompetency of witnesses.
• Section 43-8-164 — Notice to surviving spouse and next of kin - Generally.
• Section 43-8-165 — Notice to surviving spouse and next of kin - Minors.
• Section 43-8-166 — Notice to surviving spouse and next of kin - Persons outside state.
• Section 43-8-167 — Mode of proving will generally.
• Section 43-8-168 — Depositions of witnesses.
• Section 43-8-169 — Recordation of witnesses' testimony.
• Section 43-8-170 — Certificate endorsed on will.
• Section 43-8-171 — Admission of will in evidence.
• Section 43-8-172 — Protection of bona fide purchasers, etc.
• Section 43-8-173 — Withdrawal of will before probate.
• Section 43-8-174 — Withdrawal of will for proof out of state.
• Section 43-8-175 — Probate of foreign will.
• Section 43-8-190 — Who may contest will; filing objections; making up issue; trial by jury.
• Section 43-8-191 — Time for trial; continuance; summoning witnesses.
• Section 43-8-192 — Drawing and summoning of jurors; penalty for default.
• Section 43-8-193 — Proceedings against defaulting witness.
• Section 43-8-194 — Depositions of witnesses; rules governing procedure.
• Section 43-8-195 — Admission or rejection of will.
• Section 43-8-196 — Costs.
• Section 43-8-197 — Change of venue.
• Section 43-8-198 — Transfer of contest to circuit court; appeal from judgment of circuit court; certification of judgment, etc., to probate court.
• Section 43-8-199 — Contest in circuit court after admission to probate - Generally.
• Section 43-8-200 — Contest in circuit court after admission to probate - Parties; conclusiveness of judgment.
• Section 43-8-201 — Contest in circuit court after admission to probate - Additional time for contest by infants and persons of unsound mind.
• Section 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.

• Section 43-8-220 — Requirement that devisee survive testator by five days.
• Section 43-8-221 — Choice of law as to meaning and effect of wills.
• Section 43-8-222 — Controlling effect of intention of testator.
• Section 43-8-223 — Construction of will to pass all property, including after-acquired property.
• Section 43-8-224 — Anti-lapse provision; applicability to deceased devisees and to class gifts.
• Section 43-8-225 — Effect of failure of testamentary provisions.
• Section 43-8-226 — Specific devise of securities; change in securities; accessions; nonademption.
• Section 43-8-227 — Nonademption of specific devises in certain cases; proceeds of sale, condemnation, insurance or foreclosure; sale by guardian or curator.
• Section 43-8-228 — Nonexoneration.
• Section 43-8-229 — Exercise of power of appointment.
• 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.
• Section 43-8-231 — Ademption by satisfaction.

Article 9 Miscellaneous Provisions.

• Section 43-8-250 — Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills.
• Section 43-8-251 — Renunciation of succession.
• Section 43-8-252 — Effect of divorce, annulment, or decree of separation.
• 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.
• Section 43-8-254 — Appointment of debtor as executor.
• Section 43-8-255 — Administrators with will annexed have same powers as executors.
• Section 43-8-256 — Testator may preclude corporation from becoming surety on bond of executor or administrator.

Article 10 Custody of Wills.

• Section 43-8-270 — Duty of custodian of will after death of testator; liability.

Article 11 Uniform Disclaimer of Property Interests.

• Section 43-8-290 — Short title.
• Section 43-8-291 — Right to disclaim interest in property.
• Section 43-8-292 — Filing and delivery of disclaimer.
• Section 43-8-293 — Form of disclaimer.
• Section 43-8-294 — Effect of disclaimer.
• Section 43-8-295 — Waiver and bar.
• Section 43-8-296 — Remedy not exclusive.
• Section 43-8-297 — Uniformity of application and construction.
• Section 43-8-298 — Applicability of article.