Can I Elect to Receive a Life Estate Instead of an Intestate Share in Alabama? | Alabama Probate | FastCounsel
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Can I Elect to Receive a Life Estate Instead of an Intestate Share in Alabama?

Detailed Answer

Under Alabama law, there is no statutory mechanism allowing an heir or surviving spouse to convert an intestate share into a life estate. Dower and curtesy—common-law life-estate rights—were abolished and replaced by a statutory intestate-share system. Estate distribution is governed by Alabama Code Title 43, Chapter 8. For example, the surviving spouse’s share in an intestate estate is set out in Ala. Code § 43-8-17. That provision does not allow for a life estate in lieu of the statutory share.

If you wish to accept a life estate rather than a fee-simple interest, all heirs or beneficiaries must agree to reallocate title by private contract. One option is a family settlement or partition agreement. In a partition action under Ala. Code § 6-6-651, a court may divide property or allot specific interests by agreement, including life estates. However, any life-estate arrangement must be documented in writing and signed by all co-owners.

Alternatively, under the Uniform Disclaimer of Property Interests Act (Ala. Code § 43-8-260 et seq.), an heir may disclaim an entire interest in property, causing that interest to pass as if the disclaimant predeceased the decedent. The statute does not permit a partial disclaimer to carve out a life estate while passing the remainder.

Helpful Hints

  • Review the intestate-succession rules in Ala. Code § 43-8-17.
  • Meet any deadlines for disclaimers. In Alabama, you generally must disclaim within nine months of the decedent’s death.
  • Consider a family settlement agreement to reallocate title among heirs.
  • In partition actions, the court may award specific interests by agreement of co-tenants under Ala. Code § 6-6-651 et seq.
  • Always get written consent from all parties when restructuring ownership interests.

Disclaimer: This article is for educational purposes only. It does not constitute legal advice. For advice tailored to your situation, consult a licensed Alabama attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.