AL risk area
Complexity triggers in Alabama
Scenarios that increase estate risk, such as blended families or multi-state property.
Alabama's elective share and homestead allowance can override a will or intestacy shares when a spouse or dependent children survive.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take an elective share that can reduce transfers under a will.
- The homestead allowance for a surviving spouse or minor/dependent children has priority over claims and is in addition to other shares unless a will provides otherwise.
Questions to consider
Questions this risk area helps you evaluate in Alabama
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Alabama's elective share and homestead allowance can override a will or intestacy shares when a spouse or dependent children survive.
- A surviving spouse may elect to take an elective share that can reduce transfers under a will.
- The homestead allowance for a surviving spouse or minor/dependent children has priority over claims and is in addition to other shares unless a will provides otherwise.
Sources
- https://law.justia.com/codes/alabama/title-43/chapter-8/article-4/section-43-8-70/
- https://law.justia.com/codes/alabama/title-43/chapter-8/article-6/section-43-8-110/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Alabama.