Revised Alabama Small Estates Act

GENERAL INFORMATION
ABOUT THE REVISED ALABAMA SMALL ESTATES ACT 
AND SUMMARY DISTRIBUTIONS

WHAT IS THE “REVISED ALABAMA SMALL ESTATES ACT”?

• This Act was passed in 1979 and revised in 2024. It is codified as Ala. Code §§ 43-2-690, et seq. (1975).
• This Act provides a method, through a court proceeding, to distribute personal property of a deceased person in a summary distribution manner to a surviving spouse, or appropriate distributees of the decedent, without full probate administration.

WHAT ARE THE VALUE LIMITS FOR SUMMARY DISTRIBUTION UNDER THIS ACT?

• The value of the entire decedent’s estate (personal property) shall not exceed the sum as adjusted from time to time based on the Consumer Price Index formula set forth in §43-8-116 of the homestead allowance under §43-8-110, exempt property under §43-8-111, and the family allowance under §§43-8-112 and 43-8-113. 

WHAT IS REQUIRED TO INITIATE A SUMMARY DISTRIBUTION UNDER THE “REVISED ALABAMA SMALL ESTATES ACT” IN MOBILE COUNTY?

• A written petition under oath in proper form to be filed with the Probate Court by the surviving spouse of the decedent, or if none, by one or more of the distributees entitled to the personal assets of the estate.
• Proof of death of the subject party (decedent).
• Marriage Certificate or Marriage License of surviving spouse.
• Decedent must have been a resident of Mobile County (confirm).
• Confirm that no petition is pending for administration or has been granted.
• The status at the date of death: Intestate (No Will) or Testate (Will).
• If testate, the original purported self-proving Will must be submitted to the Court.
• The names/addresses/ages of the surviving spouse, children and distributees.
• Details on claims and funeral expenses and the status on each (paid/unpaid).
• An itemized listing of the assets of the estate with a value of each asset.

Each item noted must be addressed in the petition by proper statement(s), with details and explanations. Summary distribution is not available if the decedent is survived by a minor child not the child of the surviving spouse.

ADDITIONAL MATTERS/COMMENTS:

• A heirship chart may be necessary, if requested by the Court.
• Publication costs will be incurred, to be paid directly by the petitioner. The Court will provide information on publication once the petition is filed and accepted.
• Upon compliance with all provisions of the “Revised Alabama Small Estates Act”, an order and decree will be issued directing certain actions with regard to the decedent’s assets, including orders for distribution of said assets. Should it be determined by the Court that other proceedings are necessary before a final order can be entered, the attorney and petitioner will be advised.

Note: By Law, the Probate Court and its staff are not permitted to give legal advice or provide any forms. If you are seeking action under the “Revised Alabama Small Estates Act” and the summary distribution procedures, it is suggested that you obtain the assistance of an attorney to prepare and file the necessary paperwork with the Probate Court and provide representation generally for this proceeding.

THIS INFORMATION PAGE, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM AND NOT TO ADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY LAW WITHOUT THE AID OF AN ATTORNEY WHO ANALYZES THE FACTS, BECAUSE THE FACTS MAY CHANGE THE APPLICATION OF THE LAW.