Alabama Small Estate Alternatives to Probate
Simplified probate procedures for smaller estates in Alabama — summary distribution, affidavits, and when full probate is still required.
Alabama's small estate option
| Requirement | Details | |
|---|---|---|
| Procedure name | summary distribution §43-2-691; §43-2-692 | |
| Estate value threshold | Must be under No fixed dollar figure — the small estate amount is the sum of the homestead allowance (§ 43-8-110), exempt property (§ 43-8-111), and the family allowance (§§ 43-8-112, 43-8-113), as adjusted from time to time under the Consumer Price Index formula in § 43-8-116 §43-2-691; §43-2-692 | |
| Additional requirements | Personal property only — a decedent who owned real property at death cannot use this process. At least 30 days must pass after publication of notice, and at least 30 days must pass after the Alabama Medicaid Agency receives notice of the filing, before the court may order distribution. §43-2-691; §43-2-692 |
Alabama allows summary distribution for qualifying estates. The threshold is No fixed dollar figure — the small estate amount is the sum of the homestead allowance (§ 43-8-110), exempt property (§ 43-8-111), and the family allowance (§§ 43-8-112, 43-8-113), as adjusted from time to time under the Consumer Price Index formula in § 43-8-116. Personal property only — a decedent who owned real property at death cannot use this process. At least 30 days must pass after publication of notice, and at least 30 days must pass after the Alabama Medicaid Agency receives notice of the filing, before the court may order distribution.
When full probate is still required
Even a small estate may need full administration if:
- There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
- There is a dispute among heirs about who inherits
- There are contested Creditor claims
- The value exceeds the small-estate threshold once all assets are properly valued
How the simplified process works
- An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
- The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
- The holder is authorized to release the property based on the affidavit
- No court appointment of a Personal representative is needed
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- No fixed dollar threshold: the small estate amount is the sum of the homestead allowance (§ 43-8-110), exempt property (§ 43-8-111), and the family allowance (§§ 43-8-112, 43-8-113), as adjusted from time to time under the CPI formula in § 43-8-116 ([§ 43-2-691])
- Personal property only — real estate cannot be transferred through this process
- At least 30 days must pass after publication of notice, and at least 30 days after the Alabama Medicaid Agency receives notice of the filing, before the court may order distribution ([§ 43-2-692])
- Surviving spouse has priority; if no spouse, any distributee may file ([§ 43-2-692])
- All funeral expenses must be paid or arranged