Can I disinherit my spouse or child in Alabama?

1. Spousal Disinheritance. Alabama is a separate-property state. Under Ala. Code § 43-8-70, a surviving spouse is entitled to an elective share equal to the lesser of (a) all of the estate of the deceased reduced by the value of the surviving spouse's separate estate, or (b) one-third of the estate of the deceased. This unusual formula reduces the share if the surviving spouse already has substantial assets.

2. Augmented Estate. Alabama has not adopted the full UPC augmented-estate framework but does consider the surviving spouse's separate estate. Non-probate transfers are generally not reachable.

3. Elective Share Procedure. The election must be filed in writing in the probate court within six months after probate of the decedent's will, or within six months after letters of administration are granted on the estate of the intestate, under Ala. Code § 43-8-73.

4. Pretermitted Child. Under Ala. Code § 43-8-91, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Alabama.

7. Prenuptial / Postnuptial Waiver. Alabama enforces premarital agreements under common law (Allison v. Stevens, 269 Ala. 288 (1959)) and Tibbs v. Anderson, 580 So. 2d 1337 (Ala. 1991), requiring voluntary signing and either fair disclosure or general knowledge.

8. Homestead, Family Allowance, Exempt Property. Homestead allowance of $15,000 under Ala. Code § 43-8-110, exempt property up to $7,500 under § 43-8-111, and family allowance under § 43-8-112, in addition to elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed in probate court within six months under Ala. Code § 43-8-199.

This is legal information, not legal advice.