Small Estates; summary distribution for small estates; amount increased; Probate court authorized to manage process
What changed between versions
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.
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'.
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.