reglab/housing_qa huggingface dataset:
AL Code § 43-8-43 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days.

Section 43-8-43Requirement that heir survive decedent for five days. Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 43-8-44. (Acts 1982, No. 82-399, §2-104.)
AL Code § 43-8-44 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-44 - When Estate Passes to State.

Section 43-8-44When estate passes to state. If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama. (Acts 1982, No. 82-399, §2-105.)
AL Code § 43-8-45 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-45 - Division of Estate Where Representation Is Involved.

Section 43-8-45Division of estate where representation is involved. If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner. (Acts 1982, No. 82-399, §2-106.)
AL Code § 43-8-46 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-46 - Inheritance by Relatives of Half Blood.

Section 43-8-46Inheritance by relatives of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. (Acts 1982, No. 82-399, §2-107.)
AL Code § 43-8-47 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-47 - Inheritance by Afterborn Heirs.

Section 43-8-47Inheritance by afterborn heirs. Relative of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent. (Acts 1982, No. 82-399, §2-108.)
AL Code § 43-8-48 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-48 - Parent and Child Relationship.

Section 43-8-48Parent and child relationship. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the right of the child to inherit from or through either natural parent; (2) In cases not covered by subdivision (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if: a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or b. The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child. (Acts 1982, No. 82-399, §2-109.)
AL Code § 43-8-49 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-49 - Advancements.

Section 43-8-49Advancements. If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise. (Acts 1982, No. 82-399, p. 578, §2-110.)
AL Code § 43-8-50 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried.

Section 43-8-50Controversy as to advancements - How issue made up and tried. Controversies as to advancements are cognizable before the probate court, on the application, either of a party who has received an advancement, or of a party in interest, who alleges that an advancement has been made; and upon demand of either party, an issue in writing shall be made up under the direction of the court and tried by a jury as in other cases of contested fact. (Code 1867, §1904; Code 1876, §2268; Code 1886, §1931; Code 1896, §1469; Code 1907, §3773; Code 1923, §7384; Code 1940, T. 16, §20; Code 1975, §43-3-35.)
AL Code § 43-8-52 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.

Section 43-8-52Controversy as to advancements - Proceedings and answer upon death of distributee. In case of the death of any distributee or heir alleged to have received advancements, his legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in section 43-8-51; and if they are residents of this state, notice must be given by citation, and if nonresidents, by publication, as provided for in cases embraced in section 43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who shall deny the allegation contained in such application, and demand proof thereof. (Code 1867, §1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923, §7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)
AL Code § 43-8-51 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements.

Section 43-8-51Controversy as to advancements - Discovery of advancements. Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such advancement is not expressed in any conveyance or receipt, within the applicant's knowledge, or in any charge made by the decedent, the judge of probate must issue citation to the distributee or heir alleged to have received such advancement, requiring him, within a specified time, not less than 30 nor more than 60 days, to report on oath a list of the property received, the time when and the value of the same when received, or to deny on oath having received any advancement from the decedent. If the party alleged to have received the advancement is a nonresident of the state, notice must be given by publication once a week for three successive weeks in some newspaper published in the county, or if no paper is published in the county, then in one published in the adjoining county, requiring him to answer within a specified time, not less than 40 days, nor more than 90 days. (Code 1867, §1905; Code 1876, §2269; Code 1886, §1932; Code 1896, §1470; Code 1907, §3774; Code 1923, §7385; Code 1940, T. 16, §21; Code 1975, §43-3-36.)
AL Code § 43-8-53 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-53 - Controversy as to Advancements - Contest of Answer.

Section 43-8-53Controversy as to advancements - Contest of answer. Upon the rendition of the report or answer of the distributee or heir alleged to have received an advancement, or of his legal representatives or heirs, if deceased, if the executor or administrator, or any of the parties interested in such estate are not satisfied with the report or answer, on the ground that the same does not set forth all the property received or advanced, or does not set forth the true value of the property at the time it was received or advanced, or is not satisfied that the report or answer is true, then, in either case, such party may file objections thereto, stating the grounds of the objections, and the judge of probate must set a day, at such time as he may think proper, for hearing and determining, according to the evidence, as to the amount of property advanced, the time when advanced, and its value when received. He must give all the parties interested notice of such objections, and of the time set for hearing the same, by citation, if residents of this state, or if nonresidents, by publication in some newspaper published in the county, or if no paper is published in the county, then in one published in an adjoining county, once a week for three successive weeks. (Code 1867, §1907; Code 1876, §2271; Code 1886, §1934; Code 1896, §1472; Code 1907, §3776; Code 1923, §7387; Code 1940, T. 16, §23; Code 1975, §43-3-38.)
AL Code § 43-8-54 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer.

Section 43-8-54Controversy as to advancements - Consequence of failure to answer. In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application. (Code 1867, §1908; Code 1876, §2272; Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code 1923, §7388; Code 1940, T. 16, §24; Code 1975, §43-3-39.)
AL Code § 43-8-55 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-55 - Against Whom Debts Owed to Decedent Charged.

Section 43-8-55Against whom debts owed to decedent charged. A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue. (Acts 1982, No. 82-399, §2-111.)
AL Code § 43-8-56 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-56 - Alien Status Not a Disqualification to Inheriting.

Section 43-8-56Alien status not a disqualification to inheriting. No person is disqualified to take as an heir because he or a person through whom he claims is or has been an alien. (Acts 1982, No. 82-399, §2-112.)
AL Code § 43-8-57 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-57 - Dower and Curtesy Abolished.

Section 43-8-57Dower and curtesy abolished. The estates of dower and curtesy are abolished. (Acts 1982, No. 82-399, §2-113.)
AL Code § 43-8-58 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines.

Section 43-8-58Share of persons related to decedent through two lines. A person who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship which would entitle him to the larger share. (Acts 1982, No. 82-399, §2-114.)
AL Code § 43-8-70 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-70 - Right of Surviving Spouse to Elective Share.

Section 43-8-70Right of surviving spouse to elective share. (a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate of the deceased. (b) The "separate estate" of the surviving spouse shall include: (1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute; (2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and (3) All income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer. (c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent's domicile at death. (Acts 1982, No. 82-399, §2-201.)
AL Code § 43-8-71 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-71 - Right of Election Personal to Surviving Spouse.

Section 43-8-71Right of election personal to surviving spouse. The right of election of the surviving spouse may be exercised only by the surviving spouse during his lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court upon petition of the fiduciary or upon the court's own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his probable life expectancy. (Acts 1982, No. 82-399, §2-203.)
AL Code § 43-8-72 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-72 - Waiver of Right to Elect and of Other Rights.

Section 43-8-72Waiver of right to elect and of other rights. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance, exempt property and family allowance by each spouse in the property of the other at death and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement. (Acts 1982, No. 82-399, §2-204.)
AL Code § 43-8-73 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-73 - Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order.

Section 43-8-73Procedure for making election; petition; time limit; notice and hearing; withdrawal of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take his elective share by filing with the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of death, or within six months after the probate of the decedent's will, whichever limitation last expires. The court may extend the time for election for cause shown by the surviving spouse before the time for election has expired. (b) The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate whose interests will be adversely affected by the taking of the elective share. (c) The surviving spouse may withdraw his demand for an elective share at any time before entry of a final determination by the court. (d) After notice and hearing, the court shall determine the amount of the elective share and shall order its satisfaction from the assets of the estate. If it appears that a fund or property included in the estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution. (e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions. (Acts 1982, No. 82-399, §2-205.)
AL Code § 43-8-74 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-74 - Entitlement of Surviving Spouse to Certain Benefits Regardless of Election.

Section 43-8-74Entitlement of surviving spouse to certain benefits regardless of election. A surviving spouse is entitled to homestead allowance, exempt property, and family allowance, whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)
AL Code § 43-8-75 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-75 - How Elective Share Satisfied; What Property Applied First; Apportionment of Others' Liability for Balance of Elective Share.

Section 43-8-75How elective share satisfied; what property applied first; apportionment of others' liability for balance of elective share. (a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first to satisfy the elective share and to reduce any contributions due from other recipients of transfers included in the estate. For purposes of this subsection, the electing spouse's beneficial interest in any life estate or in any trust shall be computed as if worth one-half of the total value of the property subject to the life estate, or of the trust estate, unless higher or lower values for these interests are established by proof; provided, however, that, to the extent that the electing spouse's beneficial interest is a life estate or is an interest in a trust and is coupled with a general power of appointment (whether exercisable by deed or by will or by either), the beneficial interest shall be computed as being equal to two-thirds of the total value of the property subject to the life estate, or of the trust estate, with respect to which the general power of appointment exists. (b) Remaining property of the estate is so applied that liability for the balance of the elective share of the surviving spouse is equitably apportioned among the recipients of the estate in proportion to the value of their interests therein. (Acts 1982, No. 82-399, §2-207.)
AL Code § 43-8-76 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 4 - Elective Share of Surviving Spouse; Abatement.|Section 43-8-76 - Order of Abatement.

Section 43-8-76Order of abatement. (a) Except as provided in subsection (b) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) Property not disposed of by the will; (2) Residuary devises; (3) General devises; (4) Specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the value of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. (b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator. (c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. (Acts 1982, No. 82-399, §2-208.)
AL Code § 43-8-90 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 5 - Spouse and Children Not Provided for in Will.|Section 43-8-90 - Omitted Spouse.

Section 43-8-90Omitted spouse. (a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven. (b) In satisfying a share provided by this section, the devises made by the will abate as provided in section 43-8-76. (Acts 1982, No. 82-399, §2-301.)