Alabama 2025 Regular Session

Alabama House Bill HB164 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB164INTRODUCED
2	2	Page 0
3	3	HB164
4	4	J5XKYYF-1
5	5	By Representative Faulkner
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
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12	12	5 J5XKYYF-1 02/03/2025 TRP (L)bm 2025-182
13	13	Page 1
14	14	First Read: 04-Feb-25
15	15	SYNOPSIS:
16	16	Under existing law, the Alabama Small Estates
17	17	Act allows the surviving spouse or other distributee of
18	18	a decedent, who owns no real property at the time of
19	19	death, to receive in a summary manner the decedent's
20	20	personal property, provided the value of this
21	21	personalty is not in excess of $25,000, or such
22	22	adjustments to that amount as made on an annual basis
23	23	by the State Finance Director based on changes in the
24	24	Consumer Price Index.
25	25	This bill would raise the threshold amount
26	26	distributable under the Small Estates Act to the
27	27	combined maximum amount, as adjusted from time to time
28	28	based on the Consumer Price Index, as allowed under the
29	29	homestead allowance, exempt property, and family
30	30	allowance, which is currently adjusted to $47,000.
31	31	This bill would streamline the procedure for
32	32	both claiming exemptions and allowances in a small
33	33	estate and for settling the small estate.
34	34	This bill would further clarify who is a
35	35	surviving spouse under an intestate estate when there
36	36	is a divorce, annulment, or separation.
37	37	This bill would also expressly permit summary
38	38	distributions of small estates under the Probate code.
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66	66	28 HB164 INTRODUCED
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68	68	A BILL
69	69	TO BE ENTITLED
70	70	AN ACT
71	71	Relating to the Alabama Small Estates Act; to amend
72	72	Sections 43-2-690, 43-2-691, 43-2-692, 43-2-693, 43-2-694,
73	73	43-2-695, 43-2-696, 43-8-40, and 43-8-252, Code of Alabama
74	74	1975; to further provide for the summary distribution of the
75	75	sum of a decedent's estate which contains personal property
76	76	valued at a certain maximum amount with authorized adjustments
77	77	allowed based on the Consumer Price Index, which includes the
78	78	homestead allowance, exempt property, and family allowance as
79	79	adjusted; and to add Sections 43-2-691.1, 43-2-697, 43-2-698,
80	80	and 43-8-23 to the Code of Alabama 1975, to specify that the
81	81	probate court has jurisdiction to manage these small estates
82	82	under a modified and streamlined small estate distribution
83	83	process.
84	84	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
85	85	Section 1. Sections 43-2-690, 43-2-691, 43-2-692,
86	86	43-2-693, 43-2-694, 43-2-695, 43-2-696, 43-8-40, and 43-8-252,
87	87	Code of Alabama 1975, are amended to read as follows:
88	88	"§43-2-690
89	89	This division shall be known as the " Revised Alabama
90	90	Small Estates Act."
91	91	"§43-2-691
92	92	For the purposes of this division, the following words
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122	122	For the purposes of this division, the following words
123	123	and phrases shall have the following meanings respectively
124	124	ascribed to them by this section :
125	125	(1) DEVISEES. The persons who are entitled to the
126	126	personal property of a decedent under the terms of a
127	127	testamentary disposition.
128	128	(1) DECEDENT. A deceased person whose estate is subject
129	129	to summary distribution under this division.
130	130	(2) DISTRIBUTEES. The persons who are entitled to the
131	131	personal property of a decedent under the terms of a
132	132	testamentary disposition or under the Alabama descent and
133	133	distribution statutes.
134	134	(3)(2) ESTATE. All the personal property of a decedent
135	135	who owns no real property at the time of his or her death for
136	136	which title does not pass by operation of law.
137	137	(4) HEIRS. The persons who are entitled to the personal
138	138	property of a decedent under the Alabama descent and
139	139	distribution statutes.
140	140	(5)(3) PERSON. The term includes natural persons and
141	141	corporations.A natural person, corporation, organization,
142	142	other legal entity, or any trust or trustee.
143	143	(6)(4) PERSONAL REPRESENTATIVE. The term includes an An
144	144	executor, administrator, administrator with the will annexed,
145	145	and special administrator , and successor personal
146	146	representative.
147	147	(5) SELF-PROVED WILL. A will that is self-proved in
148	148	accordance with either Section 43-8-132 or 43-8-133.
149	149	(6) SMALL ESTATE. An estate having a value that does
150	150	not exceed the small estate amount.
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180	180	not exceed the small estate amount.
181	181	(7) SMALL ESTATE AMOUNT. The sum as adjusted from time
182	182	to time based on the Consumer Price Index formula set forth in
183	183	Section 43-8-116 of the homestead allowance under Section
184	184	43-8-110, exempt property under Section 43-8-111, and the
185	185	family allowance under Sections 43-8-112 and 43-8-113.
186	186	(8) SUMMARY DISTRIBUTION. The procedure provided in
187	187	this division to distribute the small estate of a decedent
188	188	without the appointment of a personal representative.
189	189	(9) SURVIVING SPOUSE. The spouse of the decedent at the
190	190	time of decedent's death, provided the spouse is a surviving
191	191	spouse under Section 43-8-252 and is not an individual
192	192	claiming to be a spouse under common law, whether or not such
193	193	common law marriage allegedly occurred before or after January
194	194	1, 2017."
195	195	"§43-2-692
196	196	(a) The surviving spouse, if there is one, otherwise
197	197	the distributees of an estate of personal property only, may
198	198	initiate a proceeding for summary distribution of the estate
199	199	by filing a verified petition in the office of the judge of
200	200	probate of the county in which the decedent was domiciled at
201	201	death alleging the conditions provided in subsection (b). The
202	202	petition shall include a description of the estate of the
203	203	decedent. No bond shall be required to be filed with the
204	204	petition.
205	205	(a) A person, or a person duly authorized to act for
206	206	the person, entitled to an interest in a small estate under
207	207	this division may initiate a proceeding for summary
208	208	distribution of the estate by filing a verified petition in
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238	238	distribution of the estate by filing a verified petition in
239	239	the office of the judge of probate of the county in which the
240	240	decedent was domiciled at death. No bond shall be required to
241	241	be filed with the petition. If the decedent died with a
242	242	self-proved will, the self-proved will shall be filed with the
243	243	petition.
244	244	(b) The surviving spouse or distributee shall have a
245	245	defeasible right to the personal property of the decedent
246	246	without awaiting the appointment of a personal representative
247	247	or the probate of a will if all of the following conditions
248	248	exist:
249	249	(1) The value of the entire estate does not exceed
250	250	twenty-five thousand dollars ($25,000). This figure shall be
251	251	adjusted annually for changes in the Consumer Price Index by
252	252	the State Finance Director who shall notify each judge of
253	253	probate of the newly adjusted figure.
254	254	(2) The decedent died a resident of this state.
255	255	(3) No petition for the appointment of a personal
256	256	representative is pending or has been granted.
257	257	(4) At least 30 days have elapsed since the notice of
258	258	the filing of the petition was published as hereinafter
259	259	provided.
260	260	(5) All funeral expenses of the decedent have been
261	261	paid, or alternatively, that arrangements for the payment out
262	262	of the estate of the decedent of all unpaid funeral expenses
263	263	have been made by the surviving spouse or other distributee.
264	264	(6) If the decedent died intestate, the awards due
265	265	under Alabama descent and distribution statutes to the
266	266	surviving spouse and to the child or children have been
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296	296	surviving spouse and to the child or children have been
297	297	determined by the judge of probate.
298	298	(7) If the decedent died testate, a document purporting
299	299	to be his or her will, which on its face, is properly
300	300	executed, witnessed, and attested in compliance with Alabama
301	301	law, has been duly filed in the office of the judge of
302	302	probate.
303	303	(8) Notice of the filing of a petition for a summary
304	304	distribution under this division shall be published once in a
305	305	newspaper of general circulation in the county in which the
306	306	decedent was domiciled, or if there is no newspaper of general
307	307	circulation in the county, then notice thereof shall be posted
308	308	at the county courthouse for one week.
309	309	(9) All claims against the decedent's estate have been
310	310	paid or arrangements for the payment out of the estate of the
311	311	decedent have been made by the surviving spouse or other
312	312	distributee according to the following priority:
313	313	a. First, to each person entitled to payment for any
314	314	funeral expenses owed by the decedent or his or her estate.
315	315	b. To the judge of probate for fees and charges
316	316	incurred in the proceedings for summary distribution.
317	317	c. To any person entitled to payment for expenses
318	318	incurred in the decedent's last illness.
319	319	d. To the State of Alabama, the county, and any
320	320	municipality therein for taxes assessed on the estate of the
321	321	decedent previous to his or her death.
322	322	e. To each secured creditor.
323	323	f. To each unsecured lienholder.
324	324	g. To each remaining general unsecured creditor of the
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354	354	g. To each remaining general unsecured creditor of the
355	355	decedent.
356	356	h. To each surviving spouse, child, or other
357	357	distributee who is entitled to take under Alabama's descent
358	358	and distribution laws, or, alternatively, to each devisee
359	359	entitled to take under any testamentary disposition of the
360	360	decedent.
361	361	(b) The petition for summary distribution shall provide
362	362	the following information and allege the following conditions:
363	363	(1) The decedent died domiciled in this state and was
364	364	domiciled in the county in which the petition is filed.
365	365	(2) The decedent's estate is a small estate.
366	366	(3) A description of the personal property constituting
367	367	the decedent's estate and the value.
368	368	(4) No petition for the appointment of a personal
369	369	representative is pending nor has one been granted.
370	370	(5) The name, address, age, capacity, and relationship
371	371	to the decedent of: (i) the petitioner; (ii) each person who
372	372	would be entitled to an interest in the decedent's estate
373	373	under the laws of descent and distribution of this state; and
374	374	(iii) each person entitled to an interest in the decedent's
375	375	estate under any will of the decedent filed with the petition.
376	376	"Capacity" as used in this subdivision means whether the
377	377	person is 19 years of age or older and whether the person is
378	378	of sound mind.
379	379	(6) If the decedent was survived by a spouse, that the
380	380	decedent's surviving spouse is entitled to the decedent's
381	381	estate.
382	382	(7) If the decedent died without a surviving spouse and
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412	412	(7) If the decedent died without a surviving spouse and
413	413	without a self-proved will which does not dispose of all of
414	414	the small estate, the names of the persons who are entitled to
415	415	the decedent's estate under the descent and distribution
416	416	statutes of this state and their respective shares.
417	417	(8) If the decedent died with a will.
418	418	(9) If the decedent died with no surviving spouse and
419	419	with a self-proved will, the names of the persons who are
420	420	entitled under such self-proved will to a share or interest in
421	421	the decedent's estate and their respective shares or
422	422	interests.
423	423	(10) All funeral expenses of the decedent have been
424	424	paid or arrangements for the payment out of the estate of the
425	425	decedent of all unpaid funeral expenses have been made by or
426	426	on behalf of the petitioner.
427	427	(11) All claims against the decedent's estate have been
428	428	paid or arrangements for the payment out of the estate of the
429	429	decedent have been made by the petitioner.
430	430	(c) Upon the filing of a petition for summary
431	431	distribution under this division both of the following shall
432	432	occur:
433	433	(1) Notice of the filing of the petition shall be
434	434	published once in a newspaper of general circulation in the
435	435	county in which the decedent was domiciled or, if there is no
436	436	newspaper of general circulation in the county, the notice of
437	437	the filing shall be posted at the county courthouse for one
438	438	week.
439	439	(2) The petitioner shall notify the Alabama Medicaid
440	440	Agency of the filing of the petition as provided in Section
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470	470	Agency of the filing of the petition as provided in Section
471	471	43-2-698 and shall provide proof of such notice to the probate
472	472	court.
473	473	(d) The probate court shall not enter an order
474	474	directing summary distribution pursuant to a petition under
475	475	this division unless:
476	476	(1) At least 30 days have elapsed since the notice of
477	477	the filing of the petition was published as provided in
478	478	subsection (c);
479	479	(2) At least 30 days have elapsed since the Alabama
480	480	Medicaid Agency received notice of the filing of the petition;
481	481	and
482	482	(3) It appears to the probate court that all of the
483	483	conditions for summary distribution provided in this
484	484	subsection have been met and that the petition is due to be
485	485	granted."
486	486	"§43-2-693
487	487	When all of (a) Upon finding that the applicable
488	488	conditionsrequirements enumerated in subsection (b) of Section
489	489	43-2-692 occurthis division have been met , the judge of
490	490	probate shall enter an order directing a summary distribution
491	491	of the estate delineating the portion of the small estate that
492	492	each person identified in the order is entitled .
493	493	(b) The order issued by the court under subsection (a)
494	494	shall be final and conclusive as to all items and matters
495	495	shown, and appeals must be taken in the manner provided for
496	496	from any other final decree of the court in connection with
497	497	the administration of decedents' estates. "
498	498	"§43-2-694
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528	528	"§43-2-694
529	529	Upon delivering a copy of the judge of probate's
530	530	judge's order fordirecting summary distribution ,or an
531	531	affidavit executed by any person having knowledge of the fact
532	532	and alleging the concurrence of the conditions listed in
533	533	subsection (b) of section 43-2-692 showing the defeasible
534	534	right therein, together with a copy of the decedent's will if
535	535	the claim is under such will, such spouse or distributee shall
536	536	be the persons entitled to summary distribution of the
537	537	decedent's estate under this division shall be entitled to
538	538	have the decedent's property or the evidence of the decedent's
539	539	ownership in such property transferred to him them by any
540	540	person owing any money to the decedent's estate, having
541	541	custody of any personal property of the decedent or acting as
542	542	a registrar or transfer agent of any evidence of interest,
543	543	indebtedness, property , or right of the deceased therein."
544	544	"§43-2-695
545	545	The defeasible right of the surviving spouse or
546	546	distributeesa person to summary distribution of a decedent's
547	547	estate provided for by this division shall be subject only to
548	548	any preexisting rights to administer the estate or probate the
549	549	will, or to the superior rights of any other person to such
550	550	personal property."
551	551	"§43-2-696
552	552	The person making payment, delivery, transfer , or
553	553	issuance of personal property or evidence thereof pursuant to
554	554	an order for summary distribution issued under this division
555	555	the affidavit prescribed in section 43-2-694 shall be
556	556	discharged and released to the same extent as if made to a
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586	586	discharged and released to the same extent as if made to a
587	587	personal representative of the decedent, and hethe person
588	588	shall not be required to see the petitionapplication thereof
589	589	or to inquire into the truth of any statement in the
590	590	affidavitpetition if made by any other person. If any person
591	591	to whom such orderaffidavit is delivered refuses to pay,
592	592	deliver, transfer , or issue any personal property or evidence
593	593	thereof, itthe personal property may be recovered or its
594	594	payment, delivery, transfer , or issuance compelled in an
595	595	action brought for such purpose by or on behalf of the person
596	596	entitled thereto under sectionsSections 43-2-691.1, 43-2-692,
597	597	and 43-2-695 upon proof of the defeasible right declared by
598	598	such sections. Any person to whom payment, delivery, transfer
599	599	or issuance is made shall be answerable and accountable
600	600	therefor to any personal representative of the estate or to
601	601	the surviving spouse or minor children of the decedent who
602	602	shall proceed against such person, or to any other person
603	603	having a superior right to the decedent's estate. "
604	604	"§43-8-40
605	605	If an estate is not a small estate under Section
606	606	43-2-691 that is being distributed as a summary distribution
607	607	under Division 10 of Article 18 of Chapter 2 of Title 43, then
608	608	anyAny part of the estate of a decedent not effectively
609	609	disposed of by the decedent's his will passes to the
610	610	decedent's his heirs as prescribed in the following sections
611	611	of this chapter."
612	612	"§43-8-252
613	613	(a) A person who is divorced from the decedent or whose
614	614	marriage to the decedent has been annulled is not a surviving
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644	644	marriage to the decedent has been annulled is not a surviving
645	645	spouse unless, by virtue of a subsequent marriage, hethe
646	646	person is married to the decedent at the time of death. A
647	647	decree of separation whichthat does not terminate the status
648	648	of husband and wife is not a divorce for purposes of this
649	649	section.
650	650	(b) For purposes of sectionsSections 43-2-690 through
651	651	43-2-698, 43-8-40 through 43-8-49, 43-8-55 through 43-8-58,
652	652	43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110
653	653	through 43-8-113, a surviving spouse does not include:
654	654	(1) A person who obtains or consents to a final decree
655	655	or judgment of divorce from the decedent or an annulment of
656	656	their marriage, which decree or judgment is not recognized as
657	657	valid in this state, unless they subsequently remarry;
658	658	participate in a marriage ceremony purporting to marry each to
659	659	the other, or subsequently live together as man and wife;
660	660	(2) A person who, following a decree or judgment of
661	661	divorce or annulment obtained by the decedent , marries,
662	662	participates in a marriage ceremony with a third person; or
663	663	(3) A person who is a party to a valid proceeding
664	664	concluded by an order purporting to terminate all marital
665	665	property rights."
666	666	Section 2. Sections 43-2-691.1, 43-2-697, 43-2-698, and
667	667	43-8-23 are added to the Code of Alabama 1975, to read as
668	668	follows:
669	669	§43-2-691.1
670	670	(a) During the pendency of a summary disposition, any
671	671	person entitled to the homestead allowance under Section
672	672	43-8-110, exempt property under Section 43-8-111, or the
673	673	309
674	674	310
675	675	311
676	676	312
677	677	313
678	678	314
679	679	315
680	680	316
681	681	317
682	682	318
683	683	319
684	684	320
685	685	321
686	686	322
687	687	323
688	688	324
689	689	325
690	690	326
691	691	327
692	692	328
693	693	329
694	694	330
695	695	331
696	696	332
697	697	333
698	698	334
699	699	335
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702	702	43-8-110, exempt property under Section 43-8-111, or the
703	703	family allowance under Sections 43-8-112 and 43-8-113 may file
704	704	a verified petition in the office of the judge of probate in
705	705	which the summary distribution is pending. The petition shall
706	706	set forth the person's entitlement to the exemption and
707	707	allowances. The probate court, upon review and approval of the
708	708	petition, may enter an order for disbursing the exemption and
709	709	allowances from the small estate to the person in accordance
710	710	with Sections 43-8-110, 43-8-111, or 43-8-112 and 43-8-113.
711	711	(b) The remainder of the small estate of a decedent
712	712	domiciled in Alabama at the time of the decedent's death,
713	713	following the exemption and allowances disposition made in
714	714	accordance with subsection (a) that meets all of the
715	715	conditions of this division, shall be distributed as follows:
716	716	(1) To the surviving spouse of the decedent.
717	717	(2) If the decedent died with a self-proved will and
718	718	with no surviving spouse, to those persons entitled to the
719	719	decedent's estate under such will, and to those persons
720	720	entitled to share in the decedent's estate under the laws of
721	721	descent and distribution of this state for the part of the
722	722	decedent's estate not effectively disposed of by the
723	723	decedent's self-proved will.
724	724	(3) If the decedent died without a surviving spouse and
725	725	without a self-proved will, to those persons entitled to share
726	726	in the decedent's estate under the laws of descent and
727	727	distribution of this state.
728	728	§43-2-697
729	729	Whenever fraud had been perpetrated in connection with
730	730	any proceeding or in any statement filed under this division
731	731	337
732	732	338
733	733	339
734	734	340
735	735	341
736	736	342
737	737	343
738	738	344
739	739	345
740	740	346
741	741	347
742	742	348
743	743	349
744	744	350
745	745	351
746	746	352
747	747	353
748	748	354
749	749	355
750	750	356
751	751	357
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760	760	any proceeding or in any statement filed under this division
761	761	or if fraud is used to avoid or circumvent the provisions or
762	762	purposes of this division, any person injured by these actions
763	763	may obtain appropriate relief against the perpetrator of the
764	764	fraud or receive restitution from any person, other than a
765	765	bona fide purchaser, benefiting from the fraud, whether
766	766	innocent or not. Any proceeding must be commenced within one
767	767	year after the discovery of the fraud or from the time when
768	768	the fraud should have been discovered, but no proceeding may
769	769	be brought against anyone who did not perpetrate the fraud
770	770	later than five years after the time of the commission of the
771	771	fraud. This section has no effect on remedies related to fraud
772	772	perpetrated against a decedent during the decedent's lifetime
773	773	which affects the succession of the decedent's estate.
774	774	§43-2-698
775	775	The small estate amount shall at all times be equal to
776	776	the combined maximum amount of the homestead allowance, exempt
777	777	property, and family allowance provided under Sections
778	778	43-8-110 through 43-8-113, as adjusted pursuant to Section
779	779	43-8-116.
780	780	§43-8-23
781	781	In the event the estate qualifies as a small estate
782	782	under Section 43-2-691, the summary distribution proceedings
783	783	for a small estate under Division 10 of Article 18 of Chapter
784	784	2 of Title 43 are available to the small estate.
785	785	Section 3. This act shall become effective on October
786	786	1, 2025.
787	787	365
788	788	366
789	789	367
790	790	368
791	791	369
792	792	370
793	793	371
794	794	372
795	795	373
796	796	374
797	797	375
798	798	376
799	799	377
800	800	378
801	801	379
802	802	380
803	803	381
804	804	382
805	805	383
806	806	384
807	807	385
808	808	386
809	809	387
810	810	388
811	811	389
812	812	390