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Current as of December 30, 2024 | Updated by FindLaw Staff
(a) A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided in the will, by intestate succession or by way of elective share.
(b) The value of any constitutional right of homestead in the family home received by a surviving spouse or child shall be charged against that spouse or child's homestead allowance to the extent that the family home is part of the decedent's estate or would have been but for the homestead provision of the Constitution.
(Acts 1982, No. 82-399, §2-401; Act 2015-484, §1.)
Cite this article: FindLaw.com - Alabama Code Title 43. Wills and Decedents' Estates § 43-8-110 SECTION 43-8-110 HOMESTEAD ALLOWANCE - last updated December 30, 2024 | https://codes.findlaw.com/al/title-43-wills-and-decedents-estates/al-code-sect-43-8-110/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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