Alabama § 43-8-43 - Requirement That Heir Survive Decedent for Five Days.
Full text of Alabama Code of Alabama § 43-8-43 — Requirement That Heir Survive Decedent for Five Days., with citation guidance and answers to common questions.
§ 43-8-43. Requirement That Heir Survive Decedent for Five Days.
Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under Section 43-8-44.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 43-8-43
What does Code of Alabama § 43-8-43 cover?
Section 43-8-43 ("Requirement That Heir Survive Decedent for Five Days.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 43-8-43?
A common citation format is "Code of Alabama § 43-8-43" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 43-8-43 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.