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Spousal Elective Share Law in Alabama

In Alabama, a surviving spouse can elect the lesser of one-third of the estate or the whole estate reduced by the spouse's own separate estate, by petition within 6 months after death or 6 months after the will is probated, whichever is later.

Last checked . General information, not legal advice.

Alabama at a glance

Elective share
Lesser of 1/3 of estate or estate minus spouse's own assets
The spouse's separate estate includes property owned outright, survivorship interests, trust income, life insurance proceeds and employer plan benefits.
Deadline to elect
6 months after death or 6 months after will probate, if later
The court may extend the time for cause if asked before the deadline expires.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Alabama

How much can a surviving spouse claim in Alabama if left out of the will?

Elective share in Alabama: Lesser of 1/3 of estate or estate minus spouse's own assets. The spouse's separate estate includes property owned outright, survivorship interests, trust income, life insurance proceeds and employer plan benefits.

What is the deadline to claim the elective share in Alabama?

Deadline to elect in Alabama: 6 months after death or 6 months after will probate, if later. The court may extend the time for cause if asked before the deadline expires.

Is Alabama a community property state?

No. Community property state in Alabama: no. Not on the IRS list of community property states.

Where do the Alabama spousal elective share laws come from?

The rules above come from Ala. Code 43-8-70 and Ala. Code 43-8-73. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.