What are Alabama codes 43-8-41 and 43-8-4?

Q: What is the code 43 8 42 in Alabama?

Alabama Code § 43-8-42 addresses the distribution of a deceased person's estate when there is a will. It outlines how the estate should be divided among beneficiaries as specified in the will, ensuring that the decedent's wishes are honored in the distribution process.

Q: What assets are non-probate in Alabama?

Non-probate assets in Alabama include life insurance policies, retirement accounts, and property held in joint tenancy. Additionally, assets placed in a living trust or those with designated beneficiaries do not go through probate and can be transferred directly to the heirs.

Q: What is the Alabama Code 43 8 198?

Alabama Code § 43-8-198 pertains to the rights of a surviving spouse in relation to the deceased spouse's estate. It outlines the spousal share and how it is calculated, ensuring that the surviving spouse receives a fair portion of the estate according to Alabama law.

Q: What assets are exempt from probate in Alabama?

In Alabama, assets exempt from probate include life insurance proceeds, retirement accounts, and jointly owned property. Additionally, assets held in a living trust or those with designated beneficiaries also avoid probate, allowing for a smoother transfer to heirs.

Full question:

I have a question regarding a waiver of notice on probate of will for the state of Alabama. Please explain Alabama codes 43-8-41 and 43-8-4.

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Tennessee

Answer:

The following are TN statutes. The first statute generally says that new laws don't repeal the old laws, as long as they're consistent. The second statute explains the division of property when the deceased didn't leave a will, but left a spouse.:

Construction against implied repeal.

This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Which of the following assets do not go through probate?

Assets that typically do not go through probate include life insurance policies, retirement accounts, and properties held in joint tenancy. Additionally, assets placed in a living trust can bypass probate. These assets pass directly to the designated beneficiaries or co-owners without the need for court involvement.

Can an estate be settled without probate in Alabama?

Yes, an estate can be settled without probate in Alabama if the estate's assets are below a certain value or if they are non-probate assets. For example, if the total value of the estate is less than $25,000 and there are no real estate assets, the heirs can use a simplified process to transfer the assets without going through probate.