Alabama Notice of Election by Surviving Spouse

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Description

An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.


The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either:
1. Accepting what was provided to him or her pursuant to the decedents will; or
2. Electing to take a fixed portion of the decedents probate estate property.


The rationale for granting an election to the surviving spouse is to ensure that the surviving spouse receives at a minimum amount of the decedents wealth which, in many cases, was accrued during the marriage.


Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between 1/3 and 1/2 of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children. Some states also reduce the elective share if the surviving spouse is independently wealthy.

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FAQ

The Spouse's Share in Alabama In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don't, then your spouse inherits all of your intestate property.

If the decedent didn't leave parents or children, the spouse gets everything. If the decedent was survived by parents but not by children, the spouse gets $100,000 and half of the balance of the decedent's estate. The decedent's parents get the remaining half.

Inheritance laws typically prioritize spouses and children, but the amount and percentage each receives can vary. If the deceased had a will, assets distribution will be as per the will. However, the surviving spouse may still have certain rights to a portion of the estate, depending on the jurisdiction.

For inheritance purposes, ?next of kin? are often referred to as ?heirs at law.? Next of kin under Alabama law include: Surviving spouse. Children and descendants. Parents.

The Parameters of a Will in Alabama ingly, you don't have to name your spouse in your will if you don't want to. However, excluding them becomes a matter of disinheriting the person.

The elective share is the lesser of: (a) the value of the decedent's estate minus the value of the spouse's estate; or (b) one-third of the decedent's estate. A simple mathematical computation using these variables will help determine whether a spouse will benefit from an elective share.

If the decedent didn't leave parents or children, the spouse gets everything. If the decedent was survived by parents but not by children, the spouse gets $100,000 and half of the balance of the decedent's estate. The decedent's parents get the remaining half.

Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance.

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Alabama Notice of Election by Surviving Spouse