The bill SB106 Engrossed amends the Alabama Small Estates Act to streamline 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 any person entitled to an interest in the estate to file a verified petition for summary distribution without needing a personal representative. Significant deletions from current law include the removal of specific conditions governing the summary distribution process, such as the requirement for a surviving spouse or distributee to have a defeasible right to the decedent's personal property, thus facilitating a more efficient distribution process.

Furthermore, the bill revises the hierarchy of payments to creditors and heirs, replacing it with a new framework that requires detailed information about the decedent and the estate when filing a petition. It mandates the publication of notice and notification to the Alabama Medicaid Agency before the probate court can grant summary distribution. The bill also clarifies the definition of a surviving spouse, excluding those who are divorced or whose marriages have been annulled unless they remarry. New provisions allow individuals entitled to homestead allowances or family allowances to file petitions, and it establishes measures to address fraud in estate proceedings. 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