The bill HB164 amends the Alabama Small Estates Act to simplify the summary distribution process for small estates, particularly those with personal property valued below a specified threshold. It introduces new definitions such as "small estate," "small estate amount," and "summary distribution," while also adjusting the homestead allowance, exempt property, and family allowance based on the Consumer Price Index. The bill grants probate courts jurisdiction over these small estates and allows individuals with an interest in the estate to file a verified petition for summary distribution without waiting for a personal representative to be appointed. It also removes outdated legal terms and conditions previously required for summary distribution, streamlining the process for eligible estates.

Additionally, HB164 clarifies the definition of a surviving spouse, stating that a decree of separation that does not terminate marital status is not considered a divorce, and specifies that a surviving spouse does not include those who have divorced or annulled their marriage to the decedent unless they remarry. The bill mandates that petitions for summary distribution include detailed information about the decedent and the estate, and it requires notice to be published and the Alabama Medicaid Agency to be notified. It establishes conditions for the probate court to grant summary distribution, including a 30-day waiting period after notice publication, and protects individuals making payments or transfers under the summary distribution order from liability. The act is set to take effect on October 1, 2025.

Statutes affected:
Introduced: 43-2-690, 43-2-691, 43-2-692, 43-2-693, 43-2-694, 43-2-695, 43-2-696, 43-8-40, 43-8-252, 43-2-691, 43-2-697, 43-2-698, 43-8-23
Enrolled: 43-2-690, 43-2-691, 43-2-692, 43-2-693, 43-2-694, 43-2-695, 43-2-696, 43-8-40, 43-8-252, 43-2-691, 43-2-697, 43-2-698, 43-8-23