Alabama Small Estates Act (Summary Distribution) Checklist: How to File, Step by Step

Alabama does not publish a fill-in form for Small Estates Act (Summary Distribution) — Ala. Code §§43-2-690 through 43-2-698 (Revised Alabama Small Estates Act, Act 2025-431, eff. 10/1/2025) instead sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.

1. 1

   Confirm the estate qualifies — personal property only, under the current combined cap

   The estate must consist entirely of personal property (no real property of any kind) and must not exceed the current combined cap — the sum of the homestead allowance ($18,800), exempt property allowance ($18,800), and family allowance ($9,400), for a total of $47,000. This figure is adjusted every three years for inflation; the next adjustment is April 1, 2027.

2. 2

   Prepare and file a verified petition with the probate court

   The surviving spouse (or, if none, the distributees) files a sworn, verified petition with the probate judge in the county where the decedent lived. The petition must affirmatively state the decedent's residence, that the estate qualifies as a small estate, a description and value of the personal property, the identity and relationship of everyone with an interest in the estate, and how claims (funeral expenses, last-illness costs, taxes, and other debts) have been paid or arranged, in the statutory priority order. No bond is required.

3. 3

   Publish or post the required notice

   Notice of the petition must be published once in a newspaper of general circulation in the county — or, if none exists, posted at the courthouse for one week.

4. 4

   Notify the Alabama Medicaid Agency separately

   The petitioner must also notify the Alabama Medicaid Agency's Estate Notice Office of the filing, by certified mail (return receipt requested) or the agency's own electronic notice system, and file proof of that notice with the probate court. This step is independent of the published notice above.

5. 5

   Wait for both 30-day periods to elapse

   The probate judge cannot enter an order until at least 30 days have passed since the notice was published AND at least 30 days have passed since the Medicaid Agency received its notice. If the Medicaid Agency doesn't respond within its 30 days, its claim is automatically waived.

6. 6

   Obtain the judge's order

   Once the court confirms every statutory condition is met, the probate judge enters an order directing summary distribution, specifying exactly what each person is entitled to receive. This order is final and conclusive.

7. 7

   Present the order — or an affidavit — to the bank or other asset holder

   Either a certified copy of the judge's order, or an affidavit (executed by someone with knowledge of the facts, attesting the statutory conditions are met) accompanied by a copy of the will if applicable, entitles the recipient to have the decedent's property transferred. A bank or other institution that relies on either document in good faith is protected from liability for doing so.

What Alabama requires instead of a fill-in form

Alabama does not publish a fill-in small estates act (summary distribution) form. That means the requirements above — read directly against Ala. Code §§43-2-690 through 43-2-698 (Revised Alabama Small Estates Act, Act 2025-431, eff. 10/1/2025) — are what a compliant filing has to satisfy, whether you prepare it yourself where permitted or bring it to an attorney to draft.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

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