The bill SB106 Engrossed amends the Alabama Small Estates Act to enhance the efficiency of 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," which are linked to the Consumer Price Index. The bill grants probate courts jurisdiction over these estates, allowing for streamlined management without the necessity of a personal representative. Key changes include the deletion of outdated references to secured and unsecured creditors, and the insertion of new requirements for petitioners to provide comprehensive details about the decedent's domicile, estate value, and relationships of interested parties.

Furthermore, the bill clarifies the definition of a "surviving spouse," stipulating that individuals divorced from the decedent or whose marriage has been annulled are not considered surviving spouses unless they were married at the time of death. It also allows individuals entitled to homestead allowances or family allowances to file verified petitions for summary distribution. The bill outlines a clear distribution hierarchy prioritizing the surviving spouse and includes measures to address potential fraud in estate proceedings. The effective date for these changes is set for October 1, 2025, aiming to modernize and simplify the estate distribution process in Alabama.

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
Engrossed: 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