If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than seven thousand five hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500) worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the seven thousand five hundred dollars ($7,500) value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit prior payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.
(Acts 1982, No. 82-399, §2-402; Act 2015-484, §1.)
Notes of Decisions
Nichols v. Barnette, 528 So. 2d 322 (Ala. 1988).
· cites it 2× “” Ala.Code 1975, § 43-8-111, on exempt property, states: “If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding $3,500.”
Garrard v. Lang, 489 So. 2d 557 (Ala. 1986).
“Gar-rard has a right of election, § 43-8-70; and she may claim a homestead allowance, § 43-8-110; an exempt property allowance, § 43-8-111; and a family allowance, § 43-8-112.”
Garrard v. Lang, 514 So. 2d 933 (Ala. 1987).
· cites it 2× “00 for exempt property, § 43-8-111; and $6,000.00 for the homestead allowance, § 43-8-110.”
Kynard v. Norfleet, 681 So. 2d 631 (Ala. Civ. App. 1996).
“The widow filed a claim for homestead allowance, pursuant to § 43-8-110, Code 1975; for exempt property allowance, pursuant to § 43-8-111, Code 1975; and for family allowance, pursuant to § 43-8-112, Code 1975.”
Hines v. Enis, 39 So. 3d 1164 (Ala. Civ. App. 2009).
· cites it 8× “On February 28, 2008, Tiffany and Teio-na petitioned the probate court to determine that all four of the decedent’s surviving children were entitled to the personal-property exemption provided for by § 43-8-111, Ala.Code 1975. On March 12, 2008, Norma filed a claim against the…”
Reynolds v. Reynolds, 837 So. 2d 847 (Ala. Civ. App. 2002).
· cites it 3× “) See also Ala.Code 1975, § 43-8-111 and -112 (containing similar language as to the "exempt property allowance" and the "family allowance," respectively).”
Smith v. Smith, 143 So. 3d 805 (Ala. Civ. App. 2013).
· cites it 2× “Section 43-8-111, Ala.Code 1975, provides, in pertinent part, that “the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding $3,500.”
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