A Spouse and the Will
Ala. Code § 43-8-70 — the elective share, the lesser of one third or what the spouse's own estate leaves short
When a married person domiciled in Alabama dies, the surviving spouse may elect to take an elective share. It is the lesser of one-third of the estate, or all of the estate reduced by the value of the surviving spouse's separate estate.
Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
- The separate estate counts property the spouse owns outright right after the death.
- It counts interests the spouse gets only by surviving, such as joint property.
- It counts income and benefits under a trust, life insurance on the one who died, and an employer's pension or death benefit plan.
Only the surviving spouse can make the election, during their lifetime. For a spouse with a guardian or conservator, the court decides, on finding it is needed for the spouse's support.
Sources for this section (2)
- Ala. Code § 43-8-70 — Right of Surviving Spouse to Elective Share
- Ala. Code § 43-8-71 — Right of Election Personal to Surviving Spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.