How Do I Claim a Small Estate in Alabama?
Alabama's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The Alabama small-estate procedure
Alabama's small-estate shortcut is the court-ordered Summary Distribution under the Revised Alabama Small Estates Act. A person (or a person duly authorized to act for them) entitled to an interest in a small estate files a verified petition — no bond — with the judge of probate of the county where the decedent was domiciled at death; a self-proved will, if any, is filed with the petition (§ 43-2-692(a)). The petition must allege, among the § 43-2-692(b) conditions: the estate is a small estate; a description and value of the personal property; no personal-representative petition pending or granted; the names/addresses/ages/capacities of the petitioner and all persons entitled under intestacy or the filed will; funeral expenses paid or arranged; and all claims against the estate paid or their payment arranged by the petitioner. On filing, notice is published once in a newspaper of general circulation in the county (or posted at the courthouse for one week) and the petitioner notifies the Alabama Medicaid Agency; the court may not enter the order until at least 30 days after publication AND 30 days after the Medicaid Agency received notice (§ 43-2-692(c)-(d)). The judge then enters a final, conclusive order directing summary distribution and delineating each person's portion (§ 43-2-693). Delivering a copy of the order to any person owing money to the estate, having custody of personal property, or acting as registrar or transfer agent entitles the persons named to the property (§ 43-2-694).
Frequently asked questions
Alabama's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $47,000 or less, per Ala. Code §§ 43-2-690 to 43-2-696.02 (Act 2025-431, eff. Oct. 1, 2025). The procedure is available 30 days after the death.
Alabama's small-estate shortcut is the court-ordered Summary Distribution under the Revised Alabama Small Estates Act. A person (or a person duly authorized to act for them) entitled to an interest in a small estate files a verified petition — no bond — with the judge of probate of the county where the decedent was domiciled at death; a self-proved will, if any, is filed with the petition (§ 43-2-692(a)). The petition must allege, among the § 43-2-692(b) conditions: the estate is a small estate; a description and value of the personal property; no personal-representative petition pending or granted; the names/addresses/ages/capacities of the petitioner and all persons entitled under intestacy or the filed will; funeral expenses paid or arranged; and all claims against the estate paid or their payment arranged by the petitioner. On filing, notice is published once in a newspaper of general circulation in the county (or posted at the courthouse for one week) and the petitioner notifies the Alabama Medicaid Agency; the court may not enter the order until at least 30 days after publication AND 30 days after the Medicaid Agency received notice (§ 43-2-692(c)-(d)). The judge then enters a final, conclusive order directing summary distribution and delineating each person's portion (§ 43-2-693). Delivering a copy of the order to any person owing money to the estate, having custody of personal property, or acting as registrar or transfer agent entitles the persons named to the property (§ 43-2-694).
The procedure reaches personal property only: "estate" is defined as all the personal property of a decedent who owns NO real property at the time of death for which title does not pass by operation of law (§ 43-2-691(2)). A decedent who owned probate real property is ineligible for summary distribution entirely.
