Elective Share in Alabama
State-specific overview · Estate & Probate
Alabama spouses receive one-third of the estate if children exist, one-half if none.
How Alabama treats Elective Share
Alabama law grants a surviving spouse an elective share that varies based on whether the deceased left children. If children survive, the spouse receives one-third of the estate; if no children survive, the spouse receives one-half. The spouse must elect to take against the will within a specified timeframe. This right applies to both real and personal property in the estate.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Alabama.