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. Key changes include the introduction of new definitions such as "small estate" and "summary distribution," and adjustments to the small estate amount based on the Consumer Price Index. The bill clarifies the probate court's jurisdiction over these estates and allows individuals entitled to an interest in a small estate to initiate the summary distribution process by filing a verified petition, eliminating the previous requirement for a personal representative. Significant deletions from current law include the removal of conditions that required a surviving spouse or distributee to wait for a personal representative's appointment.

Additionally, the bill establishes a detailed framework for petitioning for summary distribution, including requirements for the petition and mandates for notice publication and notification to the Alabama Medicaid Agency. It sets 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 bill also clarifies the definition of a surviving spouse, removes previous language regarding recognition of divorced individuals, and addresses the treatment of estates not classified as small estates. The provisions of this act are 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