HB 164 Alabama House · 2025 Regular Session

Small Estates; summary distribution for small estates; amount increased; Probate court authorized to manage process

HB 164 proposes changes to the process for distributing "small estates" after a person's death. It increases the monetary threshold for estates that can qualify for a simplified "summary distribution" process, directly affecting more families dealing with a deceased loved one's property. The bill also authorizes the Probate court to manage this streamlined process, specifically for estates where the deceased is not survived by a minor child who is not also the child of the surviving spouse.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House Passage
May 2025
Senate Passage
May 2025
Signed into Law
May 2025
Introduced Feb 4, 2025 Signed May 22, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 5 edits · May 22, 2025
MODERATE
This bill updates Alabama's Small Estates Act to increase the maximum value of estates eligible for simplified distribution, streamline the process for claiming exemptions and allowances, clarify who qualifies as a surviving spouse in cases of divorce or separation, and allow for summary distributions under the Probate Code.
Scope change
The bill expands the scope of estates eligible for simplified distribution by raising the threshold amount and clarifies eligibility criteria for surviving spouses.
ELIGIBILITY

Raised the threshold amount for small estates from $25,000 to the combined maximum amount allowed under homestead, exempt property, and family allowances, currently adjusted to $47,000.

Clarified that a surviving spouse must meet specific criteria under Section 43-8-252 and cannot be an individual claiming to be a spouse under common law, regardless of when the alleged common law marriage occurred.

DEFINITION

Added new definitions for key terms including 'devisees', 'decedent', 'distributees', 'estate', 'heirs', 'person', 'personal representative', 'self-proved will', 'small estate', 'small estate amount', 'summary distribution', and 'surviving spouse'.

REQUIREMENT

Added requirements for filing a verified petition with the probate court, including attaching a self-proved will if one exists, and specified conditions for summary distribution such as no pending appointment of a personal representative and payment of funeral expenses.

Streamlined the procedure for both claiming exemptions and allowances in a small estate and for settling the small estate.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
20
Key actions
8
Committee
4
Amendments
2
May 7, 2025
Lower · Passed
Faulkner Concur In and Adopt - Adopted Roll Call 1234
lower
May 7, 2025
Upper · Passed
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1008
upper
May 7, 2025
Upper · Passed
Smitherman motion to Adopt - Adopted Roll Call 1007
upper
May 7, 2025
Introduced
Judiciary 1st Amendment Offered (Judiciary)
upper
Apr 9, 2025
Upper · Passed
Reported Out of Committee Second House
upper
Apr 9, 2025
Introduced
Judiciary 1st Amendment (Judiciary)
upper
Feb 18, 2025
Upper · Passed
Pending Committee Action in Second House (Judiciary)
upper
Feb 18, 2025
Lower · Passed
Motion to Read a Third Time and Pass - Adopted Roll Call 164
lower
Feb 12, 2025
Lower · Passed
Reported Out of Committee House of Origin
lower
Feb 4, 2025
Lower · Passed
Pending Committee Action in House of Origin (Judiciary)
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of David Faulkner
David Faulkner
RRepublican
AL
46