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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;
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(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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