Section 43-8-40
Intestate estate generally.
Any part of the estate of a decedent not effectively disposed of by his will
passes to his heirs as prescribed in the following sections of this chapter.
Section
43-8-41
Share of the spouse.
The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire
intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or
parents, the first $100,000.00 in value, plus one-half of the balance of the
intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse
also, the first $50,000.00 in value, plus one-half of the balance of the
intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the
surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed
in the aggregate the allowable amounts under this chapter.
Section 43-8-42
Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under
section 43-8-41, or the entire intestate estate if there is no surviving spouse,
passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship
to the decedent they take equally, but if of unequal degree, then those of more
remote degree take by representation;
(2) If there is no surviving issue, to his parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the parents or
either of them by representation;
(4) If there is no surviving issue, parent or issue of a parent, but the
decedent is survived by one or more grandparents or issue of grandparents, half
of the estate passes to the paternal grandparents if both survive, or to the
surviving paternal grandparent, or to the issue of the paternal grandparents if
both are deceased, the issue taking equally if they are all of the same degree
of kinship to the decedent, but if of unequal degree those of more remote degree
take by representation; and the other half passes to the maternal relatives in
the same manner; but if there be no surviving grandparent or issue of
grandparent on either the paternal or the maternal side, the entire estate
passes to the relatives on the other side in the same manner as the other half.
Section
43-8-44
When estate passes to state.
If there is no taker under the provisions of this article, the intestate estate
passes to the state of Alabama.
Section 43-8-45
Division 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.
Section 43-8-46
Inheritance by relatives of half blood.
Relatives of the half blood inherit the same share they would inherit if they
were of the whole blood.
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