The bill SB106 Engrossed 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," "small estate amount," and "summary distribution," which clarify eligibility criteria. The bill grants jurisdiction over these estates to the probate court and allows for adjustments to the maximum estate value based on the Consumer Price Index. It also removes outdated provisions that required a personal representative to initiate summary distribution, allowing any interested party to file a verified petition directly. Additionally, it eliminates previous conditions such as the necessity for a surviving spouse to wait for a personal representative's appointment and the requirement for newspaper notice publication.

Further modifications include the removal of the previous distribution hierarchy for a decedent's estate, which encompassed payments to creditors and distributions to surviving spouses and heirs. Instead, the bill establishes a new framework for petitions that requires detailed information about the decedent and the estate, ensuring that all funeral expenses and claims are settled before proceeding. It also clarifies the definition of a "surviving spouse," stipulating that only individuals married to the decedent at the time of death qualify. The bill outlines procedural requirements for filing petitions, including notifying the Alabama Medicaid Agency and publishing notice of the petition, while ensuring that individuals making payments or transfers under the summary distribution order are protected 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
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