2009 Alabama Code
Title 43 — WILLS AND DECEDENTS' ESTATES.
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.
• Division 1 Execution of Will.
• 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.
• Division 2 Probate of Will.
• 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.
• Division 3 Contesting Validity of 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.