Alabama Summary Distribution of Small Estates

Alabama does not use a generic small estate affidavit. Its small-estate device is called summary distribution, filed in the county probate court for qualifying personal-property estates.

Based on Ala. Code Section 43-2-692

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is Alabama Summary Distribution?

Summary distribution under Ala. Code Section 43-2-692 lets a surviving spouse or distributee collect personal property without full administration when the estate value does not exceed the combined homestead, exempt-property, and family allowances. It applies to personal property only, requires publishing notice, and the probate court generally does not act until at least 30 days after that notice.

Do you qualify?

Qualifying threshold: About $47,000 for 2026 deaths (combined homestead, exempt-property, and family allowances)Act 2025-431 (effective October 1, 2025) set the summary-distribution limit to the combined homestead, exempt-property, and family allowances, which is about $47,000 for 2026 deaths (up from about $36,030 in 2024). The allowance amounts are adjusted annually for CPI by the State Treasurer, so confirm the current figure before relying on a number in a filing.
Waiting period: No fixed wait to file, but notice must be published first and the court generally does not act until at least 30 days after publication. Total elapsed time from death is typically longer
Court filing fee: County-specific; $45 statutory base plus local-act fees (verify with the county probate court)
Attorney: Not typically neededNo statewide blanket requirement found; counsel may be useful for disputes, debts, or title questions
Real estate: Not covered by this procedureSummary distribution covers personal property only. If the decedent held real estate in their name alone that requires probate to transfer, the family generally needs probate of the will or letters of administration instead.

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Main Requirements

Personal Property Only

Summary distribution covers personal property. It does not transfer real estate that requires probate to change ownership.

Allowance-Based Value Limit

The estate value must not exceed the combined homestead, exempt-property, and family allowances (about $47,000 for 2026 deaths, CPI-adjusted annually).

Notice and 30-Day Step

The petitioner must publish notice once in a newspaper of general circulation and notify the Alabama Medicaid Agency under Section 43-2-697; the judge cannot enter the order until at least 30 days after publication and at least 30 days after Medicaid received notice.

No Disqualifying Minor Child

Section 43-2-691 defines a qualifying decedent as one who is not survived by a minor child who is not also a child of the surviving spouse. A minor child from outside the marriage takes this path off the table.

Any Filed Will Must Be Self-Proved

If the decedent left a self-proved will under Section 43-8-132 or Section 43-8-133, the original is filed with the petition. A surviving spouse takes the entire remainder regardless of any will, so a will that is not self-proved blocks summary distribution only when no spouse survives.

No Administration Granted

Summary distribution is used when no letters testamentary or letters of administration have been granted for the estate.

Proper Petitioner

The petition is brought by the surviving spouse or a distributee entitled to the personal property under the statute.

County Probate Court Filing

The petition is filed with the probate court in the county where the decedent lived at death, and county practice can affect forms, fees, and copies.

Available Small-Estate Options

Summary Distribution

Limit: About $47,000 for 2026 deaths (combined allowances, CPI-adjusted)
Real Estate: Not included
Timeline: At least 30 days after notice is published
Typical Fee: County-specific; $45 statutory base plus local-act fees

Letters of Administration or Probate of Will

Limit: Use when the estate exceeds the limit, includes real property, or has disputes
Real Estate: Can be included
Timeline: Several months or longer
Typical Fee: $45 statutory base plus county local-act fees

Step-by-Step Process

Confirm the Estate Is Personal Property Only

Summary distribution applies to personal property. If the decedent held real estate in their name alone that requires probate to transfer, this path generally does not fit; review probate of the will or letters of administration instead.

Check the Allowance-Based Value Limit

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm No Administration Is Pending

Summary distribution is used when no letters testamentary or letters of administration have been granted. Check the county probate court record before relying on this path.

Prepare and File the Petition

File the petition for summary distribution with the probate court in the county where the decedent lived at death, with the death certificate, an estate property list, and information about the surviving spouse or distributees.

Publish Notice and Notify Medicaid

Publish notice once in a newspaper of general circulation in the decedent's county and notify the Alabama Medicaid Agency under Section 43-2-697, filing proof of that notice with the court. The judge cannot enter the order until at least 30 days after publication and at least 30 days after Medicaid received notice.

Use the Court Order to Collect Property

After the probate court enters its order, use certified copies with banks, transfer agents, and other holders of the personal property named in the order.

County Note: Summary distribution is filed in the county probate court where the decedent lived at death. Local-act fees, forms, copy charges, and filing practices vary by county, so confirm the current packet and fee schedule before filing.

FAQ: Alabama Summary Distribution

Does Alabama have a small estate affidavit?

Alabama's small-estate device is called summary distribution, not a generic affidavit-only transfer. Under Ala. Code Section 43-2-692, a surviving spouse or distributee petitions the county probate court to collect personal property without full administration when the estate fits the allowance-based limit.

What is the Alabama small estate limit?

Effective October 1, 2025 (Act 2025-431), the limit is the combined homestead, exempt-property, and family allowances, which is about $47,000 for 2026 deaths (up from about $36,030 in 2024). The State Treasurer adjusts the allowance amounts annually for CPI, so confirm the current figure for the date of death.

Can Alabama summary distribution transfer real estate?

No. Summary distribution covers personal property only. If the decedent held real estate in their name alone that requires probate to transfer, the family generally needs probate of the will or letters of administration instead.

How long does Alabama summary distribution take?

There is no fixed post-death waiting period, but after the petition is filed the petitioner publishes notice, and the probate court generally does not act until at least 30 days after that notice is published. The Alabama Medicaid Agency is also notified.

Do I need an attorney for Alabama summary distribution?

The sources reviewed for this page did not identify a statewide blanket attorney requirement. Legal help can still matter if heirs disagree, debts may exceed assets, real estate is involved, or it is unclear who may collect the property.

Who receives the property under Alabama summary distribution?

Section 43-2-691.1 sets the order of distribution after any allowance claims. When a spouse survives, the small estate goes to the spouse. With no spouse and a self-proved will, the property goes to the people named in the will, with any gap passing under intestacy. With no spouse and no will, the property follows Alabama intestate succession.

Official Forms, Sources, and VerificationOfficial references used for this page

Section 43-2-692, Petition for summary distribution; when surviving spouse or distributee entitled to personal property without administrationAlabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
Title 43, Chapter 2, Article 18, Division 10 - Summary Distribution of Small EstatesAlabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
Consumer Price Index LawOffice of the Alabama State Treasurer. Accessed June 16, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alabama can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.