§ 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
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Terms Used In Alabama Code > Title 43 > Chapter 8 > Article 4 - Elective Share of Surviving Spouse; Abatement

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • following: means next after. See Alabama Code 1-1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.