SB 106 Alabama Senate · 2025 Regular Session

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

SB 106 revises the Alabama Small Estates Act, primarily affecting surviving spouses and other heirs of individuals who die with limited personal property. The bill raises the maximum value of an estate eligible for summary distribution without a full probate process from $25,000 to a combined amount of allowances, currently $47,000, which will be adjusted annually. It aims to streamline the procedure for settling these small estates and explicitly authorizes the Probate Court to manage this simplified distribution process. Additionally, the bill clarifies the definition of a "surviving spouse" in cases involving divorce, annulment, or separation.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Apr 2025

Senate Passage

Mar 2025

House Passage

Governor

Introduced Feb 5, 2025 Last action May 7, 2025

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What changed between versions

Introduced → Engrossed · 5 edits · Mar 18, 2025

MODERATE

This bill updates Alabama's Small Estates Act to increase the maximum estate value that can be distributed quickly without court supervision, clarifies who qualifies as a surviving spouse, and streamlines the distribution process for small estates. The changes make it easier for families to access decedents' assets faster while maintaining consumer price index adjustments for inflation.

Scope change

The bill expands the scope of estates eligible for summary distribution by raising the threshold amount and clarifying eligibility criteria for surviving spouses.

ELIGIBILITY

Raised the estate value threshold for summary distribution from $25,000 to the combined maximum amount of homestead, exempt property, and family allowances (currently $47,000), with annual CPI adjustments.

Clarified that a surviving spouse must meet specific legal requirements under Section 43-8-252 and cannot be claiming common law marriage status to qualify for summary distribution.

DEFINITION

Added new definitions for 'DEVISEES', 'DECEDENT', 'DISTRIBUTEES', 'ESTATE', 'HEIRS', 'PERSON', 'PERSONAL REPRESENTATIVE', 'SELF-PROVED WILL', 'SMALL ESTATE', 'SMALL ESTATE AMOUNT', 'SUMMARY DISTRIBUTION', and 'SURVIVING SPOUSE' to clarify legal terms.

REQUIREMENT

Modified petition requirements to include filing a self-proved will if one exists, and expanded conditions for summary distribution to include payment of funeral expenses.

ENFORCEMENT

Added provisions specifying that probate courts have jurisdiction to manage small estates under a modified and streamlined distribution process.

Floor votes

How they voted

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

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 9, 2025

Lower · Passed

Reported Out of Committee Second House

lower

Mar 19, 2025

Lower · Passed

Pending Committee Action in Second House (Judiciary)

lower

Mar 18, 2025

Upper · Passed

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 345

upper

Mar 18, 2025

Upper · Passed

Givhan motion to Adopt - Adopted Roll Call 344

upper

Mar 18, 2025

Introduced

Givhan 1st Amendment Offered

upper

Feb 19, 2025

Upper · Passed

Reported Out of Committee House of Origin

upper

Feb 5, 2025

Upper · Passed

Pending Committee Action in House of Origin (Judiciary)

upper

1 primary · 0 co-sponsors