Alabama law affords surviving spouses important rights and benefits. In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive deadlines provided by statute. The failure to meet one of the probate deadlines can cause a surviving spouse to lose one or more spousal entitlements. Download the complete surviving spouse guide here.
What if a Spouse Dies Without a Will?
What is a Pretermitted Spouse?
Elective Share or Election Against a Will
> One-third of the decedent’s estate; or
> All of the decedent’s estate subtracted by the value of the surviving spouse’s separate (see below) estate.
Regardless of whether a surviving spouse elects to take an elective share, he or she is entitled to homestead allowance, exempt property, and family allowance. See Ala. Code. Sec. 43-8-74.
Requirement to File a Known Will
What If I Cannot Afford a Probate Lawyer to Represent Me In Procuring My Surviving Spouse Rights?
Contact an Alabama lawyer for help.