Chapter 8 — PROBATE CODE. - Alabama Statutes
ALABAMA STATUTES AND CODES
Chapter 8 — PROBATE CODE.
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.
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.
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.
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.
Section 43-8-90 Omitted spouse.
Section 43-8-91 Pretermitted children.
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.
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.
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.
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 obli
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.
Section 43-8-270 Duty of custodian of will after death of testator; liability.
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.
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