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. It introduces new definitions such as "small estate," "small estate amount," and "summary distribution," clarifying eligibility criteria for this expedited process. The bill grants jurisdiction over these estates to the probate court and allows for adjustments to the small estate amount based on the Consumer Price Index. Key changes include the deletion of outdated provisions regarding the initiation of summary distribution proceedings, allowing any person entitled to an interest in a small estate to file a verified petition without needing a personal representative. It also removes previous conditions that required a surviving spouse or distributee to wait for the appointment of a personal representative or the probate of a will.

Additionally, the bill modifies the definition of a "surviving spouse," specifying 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 establishes new requirements for petitions for summary distribution, including detailed information about the decedent and the estate, and outlines procedural steps such as notice publication and notification to the Alabama Medicaid Agency. The probate court is restricted from granting summary distribution until certain conditions are met, ensuring that individuals entitled to the estate 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