Alabama 2025 Regular Session

Alabama Senate Bill SB106 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB106INTRODUCED
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3	3		SB106
4		-	WTSR5EE-2
	4	+	WTSR5EE-1
5	5		By Senators Smitherman, Williams, Kelley, Roberts, Waggoner,
6	6		Coleman-Madison, Albritton, Livingston
7	7		RFD: Judiciary
8	8		First Read: 05-Feb-25
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14		-	6 ~~SB106 Engrossed~~
	14	+	6 WTSR5EE-1 02/03/2025 TRP (L)bm 2025-462
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16	16		First Read: 05-Feb-25
17		-	A BILL
18		-	TO BE ENTITLED
19		-	AN ACT
20		-	Relating to the Alabama Small Estates Act; to amend
21		-	Sections 43-2-690, 43-2-691, 43-2-692, 43-2-693, 43-2-694,
22		-	43-2-695, 43-2-696, 43-8-40, and 43-8-252, Code of Alabama
23		-	1975; to further provide for the summary distribution of the
24		-	sum of a decedent's estate which contains personal property
25		-	valued at a certain maximum amount with authorized adjustments
26		-	allowed based on the Consumer Price Index, which includes the
27		-	homestead allowance, exempt property, and family allowance as
28		-	adjusted; and to add Sections 43-2-691.1, 43-2-697, 43-2-698,
29		-	and 43-8-23 to the Code of Alabama 1975, to specify that the
30		-	probate court has jurisdiction to manage these small estates
31		-	under a modified and streamlined small estate distribution
32		-	process.
33		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34		-	Section 1. Sections 43-2-690, 43-2-691, 43-2-692,
35		-	43-2-693, 43-2-694, 43-2-695, 43-2-696, 43-8-40, and 43-8-252,
36		-	Code of Alabama 1975, are amended to read as follows:
37		-	"§43-2-690
38		-	This division shall be known as the " Revised Alabama
39		-	Small Estates Act."
	17	+	SYNOPSIS:
	18	+	Under existing law, the Alabama Small Estates
	19	+	Act allows the surviving spouse or other distributee of
	20	+	a decedent, who owns no real property at the time of
	21	+	death, to receive in a summary manner the decedent's
	22	+	personal property, provided the value of this
	23	+	personalty is not in excess of $25,000, or such
	24	+	adjustments to that amount as made on an annual basis
	25	+	by the State Finance Director based on changes in the
	26	+	Consumer Price Index.
	27	+	This bill would raise the threshold amount
	28	+	distributable under the Small Estates Act to the
	29	+	combined maximum amount, as adjusted from time to time
	30	+	based on the Consumer Price Index, as allowed under the
	31	+	homestead allowance, exempt property, and family
	32	+	allowance, which is currently adjusted to $47,000.
	33	+	This bill would streamline the procedure for
	34	+	both claiming exemptions and allowances in a small
	35	+	estate and for settling the small estate.
	36	+	This bill would further clarify who is a
	37	+	surviving spouse under an intestate estate when there
	38	+	is a divorce, annulment, or separation.
	39	+	This bill would also expressly permit summary
	40	+	distributions of small estates under the Probate code.
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67		-	28 SB106 ~~Engrossed~~
	68	+	28 SB106 INTRODUCED
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	70	+	A BILL
	71	+	TO BE ENTITLED
	72	+	AN ACT
	73	+	Relating to the Alabama Small Estates Act; to amend
	74	+	Sections 43-2-690, 43-2-691, 43-2-692, 43-2-693, 43-2-694,
	75	+	43-2-695, 43-2-696, 43-8-40, and 43-8-252, Code of Alabama
	76	+	1975; to further provide for the summary distribution of the
	77	+	sum of a decedent's estate which contains personal property
	78	+	valued at a certain maximum amount with authorized adjustments
	79	+	allowed based on the Consumer Price Index, which includes the
	80	+	homestead allowance, exempt property, and family allowance as
	81	+	adjusted; and to add Sections 43-2-691.1, 43-2-697, 43-2-698,
	82	+	and 43-8-23 to the Code of Alabama 1975, to specify that the
	83	+	probate court has jurisdiction to manage these small estates
	84	+	under a modified and streamlined small estate distribution
	85	+	process.
	86	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	87	+	Section 1. Sections 43-2-690, 43-2-691, 43-2-692,
	88	+	43-2-693, 43-2-694, 43-2-695, 43-2-696, 43-8-40, and 43-8-252,
	89	+	Code of Alabama 1975, are amended to read as follows:
	90	+	"§43-2-690
	91	+	This division shall be known as the " Revised Alabama
69	92		Small Estates Act."
70	93		"§43-2-691
71	94		For the purposes of this division, the following words
72		-	and phrases shall have the following meanings respectively
73		-	ascribed to them by this section :
74		-	(1) DEVISEES. The persons who are entitled to the
75		-	personal property of a decedent under the terms of a
76		-	testamentary disposition.
77		-	(1) DECEDENT. A deceased person who is not survived by
78		-	a minor child who is not the child of the surviving spouse, if
79		-	any, and whose estate is subject to summary distribution under
80		-	this division.
81		-	(2) DISTRIBUTEES. The persons who are entitled to the
82		-	personal property of a decedent under the terms of a
83		-	testamentary disposition or under the Alabama descent and
84		-	distribution statutes.
85		-	(3)(2) ESTATE. All the personal property of a decedent
86		-	who owns no real property at the time of his or her death for
87		-	which title does not pass by operation of law.
88		-	(4) HEIRS. The persons who are entitled to the personal
89		-	property of a decedent under the Alabama descent and
90		-	distribution statutes.
91		-	(5)(3) PERSON. The term includes natural persons and
92		-	corporations.A natural person, corporation, organization,
93		-	other legal entity, or any trust or trustee.
94		-	(6)(4) PERSONAL REPRESENTATIVE. The term includes an An
95		-	executor, administrator, administrator with the will annexed,
96		-	and special administrator , and successor personal
97		-	representative.
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125		-	56 SB106 ~~Engrossed~~
	122	+	56 SB106 INTRODUCED
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	124	+	For the purposes of this division, the following words
	125	+	and phrases shall have the following meanings respectively
	126	+	ascribed to them by this section :
	127	+	(1) DEVISEES. The persons who are entitled to the
	128	+	personal property of a decedent under the terms of a
	129	+	testamentary disposition.
	130	+	(1) DECEDENT. A deceased person whose estate is subject
	131	+	to summary distribution under this division.
	132	+	(2) DISTRIBUTEES. The persons who are entitled to the
	133	+	personal property of a decedent under the terms of a
	134	+	testamentary disposition or under the Alabama descent and
	135	+	distribution statutes.
	136	+	(3)(2) ESTATE. All the personal property of a decedent
	137	+	who owns no real property at the time of his or her death for
	138	+	which title does not pass by operation of law.
	139	+	(4) HEIRS. The persons who are entitled to the personal
	140	+	property of a decedent under the Alabama descent and
	141	+	distribution statutes.
	142	+	(5)(3) PERSON. The term includes natural persons and
	143	+	corporations.A natural person, corporation, organization,
	144	+	other legal entity, or any trust or trustee.
	145	+	(6)(4) PERSONAL REPRESENTATIVE. The term includes an An
	146	+	executor, administrator, administrator with the will annexed,
	147	+	and special administrator , and successor personal
127	148		representative.
128	149		(5) SELF-PROVED WILL. A will that is self-proved in
129	150		accordance with either Section 43-8-132 or 43-8-133.
130	151		(6) SMALL ESTATE. An estate having a value that does
131	152		not exceed the small estate amount.
132		-	(7) SMALL ESTATE AMOUNT. The sum as adjusted from time
133		-	to time based on the Consumer Price Index formula set forth in
134		-	Section 43-8-116 of the homestead allowance under Section
135		-	43-8-110, exempt property under Section 43-8-111, and the
136		-	family allowance under Sections 43-8-112 and 43-8-113.
137		-	(8) SUMMARY DISTRIBUTION. The procedure provided in
138		-	this division to distribute the small estate of a decedent
139		-	without the appointment of a personal representative.
140		-	(9) SURVIVING SPOUSE. The spouse of the decedent at the
141		-	time of decedent's death, provided the spouse is a surviving
142		-	spouse under Section 43-8-252 and is not an individual
143		-	claiming to be a spouse under common law, whether or not such
144		-	common law marriage allegedly occurred before or after January
145		-	1, 2017."
146		-	"§43-2-692
147		-	(a) The surviving spouse, if there is one, otherwise
148		-	the distributees of an estate of personal property only, may
149		-	initiate a proceeding for summary distribution of the estate
150		-	by filing a verified petition in the office of the judge of
151		-	probate of the county in which the decedent was domiciled at
152		-	death alleging the conditions provided in subsection (b). The
153		-	petition shall include a description of the estate of the
154		-	decedent. No bond shall be required to be filed with the
155		-	petition.
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183		-	84 SB106 ~~Engrossed~~
	180	+	84 SB106 INTRODUCED
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	182	+	not exceed the small estate amount.
	183	+	(7) SMALL ESTATE AMOUNT. The sum as adjusted from time
	184	+	to time based on the Consumer Price Index formula set forth in
	185	+	Section 43-8-116 of the homestead allowance under Section
	186	+	43-8-110, exempt property under Section 43-8-111, and the
	187	+	family allowance under Sections 43-8-112 and 43-8-113.
	188	+	(8) SUMMARY DISTRIBUTION. The procedure provided in
	189	+	this division to distribute the small estate of a decedent
	190	+	without the appointment of a personal representative.
	191	+	(9) SURVIVING SPOUSE. The spouse of the decedent at the
	192	+	time of decedent's death, provided the spouse is a surviving
	193	+	spouse under Section 43-8-252 and is not an individual
	194	+	claiming to be a spouse under common law, whether or not such
	195	+	common law marriage allegedly occurred before or after January
	196	+	1, 2017."
	197	+	"§43-2-692
	198	+	(a) The surviving spouse, if there is one, otherwise
	199	+	the distributees of an estate of personal property only, may
	200	+	initiate a proceeding for summary distribution of the estate
	201	+	by filing a verified petition in the office of the judge of
	202	+	probate of the county in which the decedent was domiciled at
	203	+	death alleging the conditions provided in subsection (b). The
	204	+	petition shall include a description of the estate of the
	205	+	decedent. No bond shall be required to be filed with the
185	206		petition.
186	207		(a) A person, or a person duly authorized to act for
187	208		the person, entitled to an interest in a small estate under
188	209		this division may initiate a proceeding for summary
189	210		distribution of the estate by filing a verified petition in
190		-	the office of the judge of probate of the county in which the
191		-	decedent was domiciled at death. No bond shall be required to
192		-	be filed with the petition. If the decedent died with a
193		-	self-proved will, the self-proved will shall be filed with the
194		-	petition.
195		-	(b) The surviving spouse or distributee shall have a
196		-	defeasible right to the personal property of the decedent
197		-	without awaiting the appointment of a personal representative
198		-	or the probate of a will if all of the following conditions
199		-	exist:
200		-	(1) The value of the entire estate does not exceed
201		-	twenty-five thousand dollars ($25,000). This figure shall be
202		-	adjusted annually for changes in the Consumer Price Index by
203		-	the State Finance Director who shall notify each judge of
204		-	probate of the newly adjusted figure.
205		-	(2) The decedent died a resident of this state.
206		-	(3) No petition for the appointment of a personal
207		-	representative is pending or has been granted.
208		-	(4) At least 30 days have elapsed since the notice of
209		-	the filing of the petition was published as hereinafter
210		-	provided.
211		-	(5) All funeral expenses of the decedent have been
212		-	paid, or alternatively, that arrangements for the payment out
213		-	of the estate of the decedent of all unpaid funeral expenses
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	240	+	distribution of the estate by filing a verified petition in
	241	+	the office of the judge of probate of the county in which the
	242	+	decedent was domiciled at death. No bond shall be required to
	243	+	be filed with the petition. If the decedent died with a
	244	+	self-proved will, the self-proved will shall be filed with the
	245	+	petition.
	246	+	(b) The surviving spouse or distributee shall have a
	247	+	defeasible right to the personal property of the decedent
	248	+	without awaiting the appointment of a personal representative
	249	+	or the probate of a will if all of the following conditions
	250	+	exist:
	251	+	(1) The value of the entire estate does not exceed
	252	+	twenty-five thousand dollars ($25,000). This figure shall be
	253	+	adjusted annually for changes in the Consumer Price Index by
	254	+	the State Finance Director who shall notify each judge of
	255	+	probate of the newly adjusted figure.
	256	+	(2) The decedent died a resident of this state.
	257	+	(3) No petition for the appointment of a personal
	258	+	representative is pending or has been granted.
	259	+	(4) At least 30 days have elapsed since the notice of
	260	+	the filing of the petition was published as hereinafter
	261	+	provided.
	262	+	(5) All funeral expenses of the decedent have been
	263	+	paid, or alternatively, that arrangements for the payment out
243	264		of the estate of the decedent of all unpaid funeral expenses
244	265		have been made by the surviving spouse or other distributee.
245	266		(6) If the decedent died intestate, the awards due
246	267		under Alabama descent and distribution statutes to the
247	268		surviving spouse and to the child or children have been
248		-	determined by the judge of probate.
249		-	(7) If the decedent died testate, a document purporting
250		-	to be his or her will, which on its face, is properly
251		-	executed, witnessed, and attested in compliance with Alabama
252		-	law, has been duly filed in the office of the judge of
253		-	probate.
254		-	(8) Notice of the filing of a petition for a summary
255		-	distribution under this division shall be published once in a
256		-	newspaper of general circulation in the county in which the
257		-	decedent was domiciled, or if there is no newspaper of general
258		-	circulation in the county, then notice thereof shall be posted
259		-	at the county courthouse for one week.
260		-	(9) All claims against the decedent's estate have been
261		-	paid or arrangements for the payment out of the estate of the
262		-	decedent have been made by the surviving spouse or other
263		-	distributee according to the following priority:
264		-	a. First, to each person entitled to payment for any
265		-	funeral expenses owed by the decedent or his or her estate.
266		-	b. To the judge of probate for fees and charges
267		-	incurred in the proceedings for summary distribution.
268		-	c. To any person entitled to payment for expenses
269		-	incurred in the decedent's last illness.
270		-	d. To the State of Alabama, the county, and any
271		-	municipality therein for taxes assessed on the estate of the
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	298	+	surviving spouse and to the child or children have been
	299	+	determined by the judge of probate.
	300	+	(7) If the decedent died testate, a document purporting
	301	+	to be his or her will, which on its face, is properly
	302	+	executed, witnessed, and attested in compliance with Alabama
	303	+	law, has been duly filed in the office of the judge of
	304	+	probate.
	305	+	(8) Notice of the filing of a petition for a summary
	306	+	distribution under this division shall be published once in a
	307	+	newspaper of general circulation in the county in which the
	308	+	decedent was domiciled, or if there is no newspaper of general
	309	+	circulation in the county, then notice thereof shall be posted
	310	+	at the county courthouse for one week.
	311	+	(9) All claims against the decedent's estate have been
	312	+	paid or arrangements for the payment out of the estate of the
	313	+	decedent have been made by the surviving spouse or other
	314	+	distributee according to the following priority:
	315	+	a. First, to each person entitled to payment for any
	316	+	funeral expenses owed by the decedent or his or her estate.
	317	+	b. To the judge of probate for fees and charges
	318	+	incurred in the proceedings for summary distribution.
	319	+	c. To any person entitled to payment for expenses
	320	+	incurred in the decedent's last illness.
	321	+	d. To the State of Alabama, the county, and any
301	322		municipality therein for taxes assessed on the estate of the
302	323		decedent previous to his or her death.
303	324		e. To each secured creditor.
304	325		f. To each unsecured lienholder.
305	326		g. To each remaining general unsecured creditor of the
306		-	decedent.
307		-	h. To each surviving spouse, child, or other
308		-	distributee who is entitled to take under Alabama's descent
309		-	and distribution laws, or, alternatively, to each devisee
310		-	entitled to take under any testamentary disposition of the
311		-	decedent.
312		-	(b) The petition for summary distribution shall provide
313		-	the following information and allege the following conditions:
314		-	(1) The decedent died domiciled in this state and was
315		-	domiciled in the county in which the petition is filed.
316		-	(2) The decedent's estate is a small estate.
317		-	(3) A description of the personal property constituting
318		-	the decedent's estate and the value.
319		-	(4) No petition for the appointment of a personal
320		-	representative is pending nor has one been granted.
321		-	(5) The name, address, age, capacity, and relationship
322		-	to the decedent of: (i) the petitioner; (ii) each person who
323		-	would be entitled to an interest in the decedent's estate
324		-	under the laws of descent and distribution of this state; and
325		-	(iii) each person entitled to an interest in the decedent's
326		-	estate under any will of the decedent filed with the petition.
327		-	"Capacity" as used in this subdivision means whether the
328		-	person is 19 years of age or older and whether the person is
329		-	of sound mind.
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	356	+	g. To each remaining general unsecured creditor of the
	357	+	decedent.
	358	+	h. To each surviving spouse, child, or other
	359	+	distributee who is entitled to take under Alabama's descent
	360	+	and distribution laws, or, alternatively, to each devisee
	361	+	entitled to take under any testamentary disposition of the
	362	+	decedent.
	363	+	(b) The petition for summary distribution shall provide
	364	+	the following information and allege the following conditions:
	365	+	(1) The decedent died domiciled in this state and was
	366	+	domiciled in the county in which the petition is filed.
	367	+	(2) The decedent's estate is a small estate.
	368	+	(3) A description of the personal property constituting
	369	+	the decedent's estate and the value.
	370	+	(4) No petition for the appointment of a personal
	371	+	representative is pending nor has one been granted.
	372	+	(5) The name, address, age, capacity, and relationship
	373	+	to the decedent of: (i) the petitioner; (ii) each person who
	374	+	would be entitled to an interest in the decedent's estate
	375	+	under the laws of descent and distribution of this state; and
	376	+	(iii) each person entitled to an interest in the decedent's
	377	+	estate under any will of the decedent filed with the petition.
	378	+	"Capacity" as used in this subdivision means whether the
	379	+	person is 19 years of age or older and whether the person is
359	380		of sound mind.
360	381		(6) If the decedent was survived by a spouse, that the
361	382		decedent's surviving spouse is entitled to the decedent's
362	383		estate.
363	384		(7) If the decedent died without a surviving spouse and
364		-	without a self-proved will which does not dispose of all of
365		-	the small estate, the names of the persons who are entitled to
366		-	the decedent's estate under the descent and distribution
367		-	statutes of this state and their respective shares.
368		-	(8) If the decedent died with a will.
369		-	(9) If the decedent died with no surviving spouse and
370		-	with a self-proved will, the names of the persons who are
371		-	entitled under such self-proved will to a share or interest in
372		-	the decedent's estate and their respective shares or
373		-	interests.
374		-	(10) All funeral expenses of the decedent have been
375		-	paid or arrangements for the payment out of the estate of the
376		-	decedent of all unpaid funeral expenses have been made by or
377		-	on behalf of the petitioner.
378		-	(11) All claims against the decedent's estate have been
379		-	paid or arrangements for the payment out of the estate of the
380		-	decedent have been made by the petitioner.
381		-	(c) Upon the filing of a petition for summary
382		-	distribution under this division both of the following shall
383		-	occur:
384		-	(1) Notice of the filing of the petition shall be
385		-	published once in a newspaper of general circulation in the
386		-	county in which the decedent was domiciled or, if there is no
387		-	newspaper of general circulation in the county, the notice of
388	385		169
389	386		170
390	387		171
391	388		172
392	389		173
393	390		174
394	391		175
395	392		176
396	393		177
397	394		178
398	395		179
399	396		180
400	397		181
401	398		182
402	399		183
403	400		184
404	401		185
405	402		186
406	403		187
407	404		188
408	405		189
409	406		190
410	407		191
411	408		192
412	409		193
413	410		194
414	411		195
415		-	196 SB106 ~~Engrossed~~
	412	+	196 SB106 INTRODUCED
416	413		Page 8
	414	+	(7) If the decedent died without a surviving spouse and
	415	+	without a self-proved will which does not dispose of all of
	416	+	the small estate, the names of the persons who are entitled to
	417	+	the decedent's estate under the descent and distribution
	418	+	statutes of this state and their respective shares.
	419	+	(8) If the decedent died with a will.
	420	+	(9) If the decedent died with no surviving spouse and
	421	+	with a self-proved will, the names of the persons who are
	422	+	entitled under such self-proved will to a share or interest in
	423	+	the decedent's estate and their respective shares or
	424	+	interests.
	425	+	(10) All funeral expenses of the decedent have been
	426	+	paid or arrangements for the payment out of the estate of the
	427	+	decedent of all unpaid funeral expenses have been made by or
	428	+	on behalf of the petitioner.
	429	+	(11) All claims against the decedent's estate have been
	430	+	paid or arrangements for the payment out of the estate of the
	431	+	decedent have been made by the petitioner.
	432	+	(c) Upon the filing of a petition for summary
	433	+	distribution under this division both of the following shall
	434	+	occur:
	435	+	(1) Notice of the filing of the petition shall be
	436	+	published once in a newspaper of general circulation in the
	437	+	county in which the decedent was domiciled or, if there is no
417	438		newspaper of general circulation in the county, the notice of
418	439		the filing shall be posted at the county courthouse for one
419	440		week.
420	441		(2) The petitioner shall notify the Alabama Medicaid
421	442		Agency of the filing of the petition as provided in Section
422		-	43-2-698 and shall provide proof of such notice to the probate
423		-	court.
424		-	(d) The probate court shall not enter an order
425		-	directing summary distribution pursuant to a petition under
426		-	this division unless:
427		-	(1) At least 30 days have elapsed since the notice of
428		-	the filing of the petition was published as provided in
429		-	subsection (c);
430		-	(2) At least 30 days have elapsed since the Alabama
431		-	Medicaid Agency received notice of the filing of the petition;
432		-	and
433		-	(3) It appears to the probate court that all of the
434		-	conditions for summary distribution provided in this
435		-	subsection have been met and that the petition is due to be
436		-	granted."
437		-	"§43-2-693
438		-	When all of (a) Upon finding that the applicable
439		-	conditionsrequirements enumerated in subsection (b) of Section
440		-	43-2-692 occurthis division have been met , the judge of
441		-	probate shall enter an order directing a summary distribution
442		-	of the estate delineating the portion of the small estate that
443		-	each person identified in the order is entitled .
444		-	(b) The order issued by the court under subsection (a)
445		-	shall be final and conclusive as to all items and matters
446	443		197
447	444		198
448	445		199
449	446		200
450	447		201
451	448		202
452	449		203
453	450		204
454	451		205
455	452		206
456	453		207
457	454		208
458	455		209
459	456		210
460	457		211
461	458		212
462	459		213
463	460		214
464	461		215
465	462		216
466	463		217
467	464		218
468	465		219
469	466		220
470	467		221
471	468		222
472	469		223
473		-	224 SB106 ~~Engrossed~~
	470	+	224 SB106 INTRODUCED
474	471		Page 9
	472	+	Agency of the filing of the petition as provided in Section
	473	+	43-2-698 and shall provide proof of such notice to the probate
	474	+	court.
	475	+	(d) The probate court shall not enter an order
	476	+	directing summary distribution pursuant to a petition under
	477	+	this division unless:
	478	+	(1) At least 30 days have elapsed since the notice of
	479	+	the filing of the petition was published as provided in
	480	+	subsection (c);
	481	+	(2) At least 30 days have elapsed since the Alabama
	482	+	Medicaid Agency received notice of the filing of the petition;
	483	+	and
	484	+	(3) It appears to the probate court that all of the
	485	+	conditions for summary distribution provided in this
	486	+	subsection have been met and that the petition is due to be
	487	+	granted."
	488	+	"§43-2-693
	489	+	When all of (a) Upon finding that the applicable
	490	+	conditionsrequirements enumerated in subsection (b) of Section
	491	+	43-2-692 occurthis division have been met , the judge of
	492	+	probate shall enter an order directing a summary distribution
	493	+	of the estate delineating the portion of the small estate that
	494	+	each person identified in the order is entitled .
	495	+	(b) The order issued by the court under subsection (a)
475	496		shall be final and conclusive as to all items and matters
476	497		shown, and appeals must be taken in the manner provided for
477	498		from any other final decree of the court in connection with
478	499		the administration of decedents' estates. "
479	500		"§43-2-694
480		-	Upon delivering a copy of the judge of probate's
481		-	judge's order fordirecting summary distribution ,or an
482		-	affidavit executed by any person having knowledge of the fact
483		-	and alleging the concurrence of the conditions listed in
484		-	subsection (b) of section 43-2-692 showing the defeasible
485		-	right therein, together with a copy of the decedent's will if
486		-	the claim is under such will, such spouse or distributee shall
487		-	be the persons entitled to summary distribution of the
488		-	decedent's estate under this division shall be entitled to
489		-	have the decedent's property or the evidence of the decedent's
490		-	ownership in such property transferred to him them by any
491		-	person owing any money to the decedent's estate, having
492		-	custody of any personal property of the decedent or acting as
493		-	a registrar or transfer agent of any evidence of interest,
494		-	indebtedness, property , or right of the deceased therein."
495		-	"§43-2-695
496		-	The defeasible right of the surviving spouse or
497		-	distributeesa person to summary distribution of a decedent's
498		-	estate provided for by this division shall be subject only to
499		-	any preexisting rights to administer the estate or probate the
500		-	will, or to the superior rights of any other person to such
501		-	personal property."
502		-	"§43-2-696
503		-	The person making payment, delivery, transfer , or
504	501		225
505	502		226
506	503		227
507	504		228
508	505		229
509	506		230
510	507		231
511	508		232
512	509		233
513	510		234
514	511		235
515	512		236
516	513		237
517	514		238
518	515		239
519	516		240
520	517		241
521	518		242
522	519		243
523	520		244
524	521		245
525	522		246
526	523		247
527	524		248
528	525		249
529	526		250
530	527		251
531		-	252 SB106 ~~Engrossed~~
	528	+	252 SB106 INTRODUCED
532	529		Page 10
	530	+	"§43-2-694
	531	+	Upon delivering a copy of the judge of probate's
	532	+	judge's order fordirecting summary distribution ,or an
	533	+	affidavit executed by any person having knowledge of the fact
	534	+	and alleging the concurrence of the conditions listed in
	535	+	subsection (b) of section 43-2-692 showing the defeasible
	536	+	right therein, together with a copy of the decedent's will if
	537	+	the claim is under such will, such spouse or distributee shall
	538	+	be the persons entitled to summary distribution of the
	539	+	decedent's estate under this division shall be entitled to
	540	+	have the decedent's property or the evidence of the decedent's
	541	+	ownership in such property transferred to him them by any
	542	+	person owing any money to the decedent's estate, having
	543	+	custody of any personal property of the decedent or acting as
	544	+	a registrar or transfer agent of any evidence of interest,
	545	+	indebtedness, property , or right of the deceased therein."
	546	+	"§43-2-695
	547	+	The defeasible right of the surviving spouse or
	548	+	distributeesa person to summary distribution of a decedent's
	549	+	estate provided for by this division shall be subject only to
	550	+	any preexisting rights to administer the estate or probate the
	551	+	will, or to the superior rights of any other person to such
	552	+	personal property."
	553	+	"§43-2-696
533	554		The person making payment, delivery, transfer , or
534	555		issuance of personal property or evidence thereof pursuant to
535	556		an order for summary distribution issued under this division
536	557		the affidavit prescribed in section 43-2-694 shall be
537	558		discharged and released to the same extent as if made to a
538		-	personal representative of the decedent, and hethe person
539		-	shall not be required to see the petitionapplication thereof
540		-	or to inquire into the truth of any statement in the
541		-	affidavitpetition if made by any other person. If any person
542		-	to whom such orderaffidavit is delivered refuses to pay,
543		-	deliver, transfer , or issue any personal property or evidence
544		-	thereof, itthe personal property may be recovered or its
545		-	payment, delivery, transfer , or issuance compelled in an
546		-	action brought for such purpose by or on behalf of the person
547		-	entitled thereto under sectionsSections 43-2-691.1, 43-2-692,
548		-	and 43-2-695 upon proof of the defeasible right declared by
549		-	such sections. Any person to whom payment, delivery, transfer
550		-	or issuance is made shall be answerable and accountable
551		-	therefor to any personal representative of the estate or to
552		-	the surviving spouse or minor children of the decedent who
553		-	shall proceed against such person, or to any other person
554		-	having a superior right to the decedent's estate. "
555		-	"§43-8-40
556		-	If an estate is not a small estate under Section
557		-	43-2-691 that is being distributed as a summary distribution
558		-	under Division 10 of Article 18 of Chapter 2 of Title 43, then
559		-	anyAny part of the estate of a decedent not effectively
560		-	disposed of by the decedent's his will passes to the
561		-	decedent's his heirs as prescribed in the following sections
562	559		253
563	560		254
564	561		255
565	562		256
566	563		257
567	564		258
568	565		259
569	566		260
570	567		261
571	568		262
572	569		263
573	570		264
574	571		265
575	572		266
576	573		267
577	574		268
578	575		269
579	576		270
580	577		271
581	578		272
582	579		273
583	580		274
584	581		275
585	582		276
586	583		277
587	584		278
588	585		279
589		-	280 SB106 ~~Engrossed~~
	586	+	280 SB106 INTRODUCED
590	587		Page 11
	588	+	discharged and released to the same extent as if made to a
	589	+	personal representative of the decedent, and hethe person
	590	+	shall not be required to see the petitionapplication thereof
	591	+	or to inquire into the truth of any statement in the
	592	+	affidavitpetition if made by any other person. If any person
	593	+	to whom such orderaffidavit is delivered refuses to pay,
	594	+	deliver, transfer , or issue any personal property or evidence
	595	+	thereof, itthe personal property may be recovered or its
	596	+	payment, delivery, transfer , or issuance compelled in an
	597	+	action brought for such purpose by or on behalf of the person
	598	+	entitled thereto under sectionsSections 43-2-691.1, 43-2-692,
	599	+	and 43-2-695 upon proof of the defeasible right declared by
	600	+	such sections. Any person to whom payment, delivery, transfer
	601	+	or issuance is made shall be answerable and accountable
	602	+	therefor to any personal representative of the estate or to
	603	+	the surviving spouse or minor children of the decedent who
	604	+	shall proceed against such person, or to any other person
	605	+	having a superior right to the decedent's estate. "
	606	+	"§43-8-40
	607	+	If an estate is not a small estate under Section
	608	+	43-2-691 that is being distributed as a summary distribution
	609	+	under Division 10 of Article 18 of Chapter 2 of Title 43, then
	610	+	anyAny part of the estate of a decedent not effectively
	611	+	disposed of by the decedent's his will passes to the
591	612		decedent's his heirs as prescribed in the following sections
592	613		of this chapter."
593	614		"§43-8-252
594	615		(a) A person who is divorced from the decedent or whose
595	616		marriage to the decedent has been annulled is not a surviving
596		-	spouse unless, by virtue of a subsequent marriage, hethe
597		-	person is married to the decedent at the time of death. A
598		-	decree of separation whichthat does not terminate the status
599		-	of husband and wife is not a divorce for purposes of this
600		-	section.
601		-	(b) For purposes of sectionsSections 43-2-690 through
602		-	43-2-698, 43-8-40 through 43-8-49, 43-8-55 through 43-8-58,
603		-	43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110
604		-	through 43-8-113, a surviving spouse does not include:
605		-	(1) A person who obtains or consents to a final decree
606		-	or judgment of divorce from the decedent or an annulment of
607		-	their marriage, which decree or judgment is not recognized as
608		-	valid in this state, unless they subsequently remarry;
609		-	participate in a marriage ceremony purporting to marry each to
610		-	the other, or subsequently live together as man and wife;
611		-	(2) A person who, following a decree or judgment of
612		-	divorce or annulment obtained by the decedent , marries,
613		-	participates in a marriage ceremony with a third person; or
614		-	(3) A person who is a party to a valid proceeding
615		-	concluded by an order purporting to terminate all marital
616		-	property rights."
617		-	Section 2. Sections 43-2-691.1, 43-2-697, 43-2-698, and
618		-	43-8-23 are added to the Code of Alabama 1975, to read as
619		-	follows:
620	617		281
621	618		282
622	619		283
623	620		284
624	621		285
625	622		286
626	623		287
627	624		288
628	625		289
629	626		290
630	627		291
631	628		292
632	629		293
633	630		294
634	631		295
635	632		296
636	633		297
637	634		298
638	635		299
639	636		300
640	637		301
641	638		302
642	639		303
643	640		304
644	641		305
645	642		306
646	643		307
647		-	308 SB106 ~~Engrossed~~
	644	+	308 SB106 INTRODUCED
648	645		Page 12
	646	+	marriage to the decedent has been annulled is not a surviving
	647	+	spouse unless, by virtue of a subsequent marriage, hethe
	648	+	person is married to the decedent at the time of death. A
	649	+	decree of separation whichthat does not terminate the status
	650	+	of husband and wife is not a divorce for purposes of this
	651	+	section.
	652	+	(b) For purposes of sectionsSections 43-2-690 through
	653	+	43-2-698, 43-8-40 through 43-8-49, 43-8-55 through 43-8-58,
	654	+	43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110
	655	+	through 43-8-113, a surviving spouse does not include:
	656	+	(1) A person who obtains or consents to a final decree
	657	+	or judgment of divorce from the decedent or an annulment of
	658	+	their marriage, which decree or judgment is not recognized as
	659	+	valid in this state, unless they subsequently remarry;
	660	+	participate in a marriage ceremony purporting to marry each to
	661	+	the other, or subsequently live together as man and wife;
	662	+	(2) A person who, following a decree or judgment of
	663	+	divorce or annulment obtained by the decedent , marries,
	664	+	participates in a marriage ceremony with a third person; or
	665	+	(3) A person who is a party to a valid proceeding
	666	+	concluded by an order purporting to terminate all marital
	667	+	property rights."
	668	+	Section 2. Sections 43-2-691.1, 43-2-697, 43-2-698, and
	669	+	43-8-23 are added to the Code of Alabama 1975, to read as
649	670		follows:
650	671		§43-2-691.1
651	672		(a) During the pendency of a summary disposition, any
652	673		person entitled to the homestead allowance under Section
653	674		43-8-110, exempt property under Section 43-8-111, or the
654		-	family allowance under Sections 43-8-112 and 43-8-113 may file
655		-	a verified petition in the office of the judge of probate in
656		-	which the summary distribution is pending. The petition shall
657		-	set forth the person's entitlement to the exemption and
658		-	allowances. The probate court, upon review and approval of the
659		-	petition, may enter an order for disbursing the exemption and
660		-	allowances from the small estate to the person in accordance
661		-	with Sections 43-8-110, 43-8-111, or 43-8-112 and 43-8-113.
662		-	(b) The remainder of the small estate of a decedent
663		-	domiciled in Alabama at the time of the decedent's death,
664		-	following the exemption and allowances disposition made in
665		-	accordance with subsection (a) that meets all of the
666		-	conditions of this division, shall be distributed as follows:
667		-	(1) To the surviving spouse of the decedent.
668		-	(2) If the decedent died with a self-proved will and
669		-	with no surviving spouse, to those persons entitled to the
670		-	decedent's estate under such will, and to those persons
671		-	entitled to share in the decedent's estate under the laws of
672		-	descent and distribution of this state for the part of the
673		-	decedent's estate not effectively disposed of by the
674		-	decedent's self-proved will.
675		-	(3) If the decedent died without a surviving spouse and
676		-	without a self-proved will, to those persons entitled to share
677		-	in the decedent's estate under the laws of descent and
678	675		309
679	676		310
680	677		311
681	678		312
682	679		313
683	680		314
684	681		315
685	682		316
686	683		317
687	684		318
688	685		319
689	686		320
690	687		321
691	688		322
692	689		323
693	690		324
694	691		325
695	692		326
696	693		327
697	694		328
698	695		329
699	696		330
700	697		331
701	698		332
702	699		333
703	700		334
704	701		335
705		-	336 SB106 ~~Engrossed~~
	702	+	336 SB106 INTRODUCED
706	703		Page 13
	704	+	43-8-110, exempt property under Section 43-8-111, or the
	705	+	family allowance under Sections 43-8-112 and 43-8-113 may file
	706	+	a verified petition in the office of the judge of probate in
	707	+	which the summary distribution is pending. The petition shall
	708	+	set forth the person's entitlement to the exemption and
	709	+	allowances. The probate court, upon review and approval of the
	710	+	petition, may enter an order for disbursing the exemption and
	711	+	allowances from the small estate to the person in accordance
	712	+	with Sections 43-8-110, 43-8-111, or 43-8-112 and 43-8-113.
	713	+	(b) The remainder of the small estate of a decedent
	714	+	domiciled in Alabama at the time of the decedent's death,
	715	+	following the exemption and allowances disposition made in
	716	+	accordance with subsection (a) that meets all of the
	717	+	conditions of this division, shall be distributed as follows:
	718	+	(1) To the surviving spouse of the decedent.
	719	+	(2) If the decedent died with a self-proved will and
	720	+	with no surviving spouse, to those persons entitled to the
	721	+	decedent's estate under such will, and to those persons
	722	+	entitled to share in the decedent's estate under the laws of
	723	+	descent and distribution of this state for the part of the
	724	+	decedent's estate not effectively disposed of by the
	725	+	decedent's self-proved will.
	726	+	(3) If the decedent died without a surviving spouse and
	727	+	without a self-proved will, to those persons entitled to share
707	728		in the decedent's estate under the laws of descent and
708	729		distribution of this state.
709	730		§43-2-697
710	731		Whenever fraud had been perpetrated in connection with
711	732		any proceeding or in any statement filed under this division
712		-	or if fraud is used to avoid or circumvent the provisions or
713		-	purposes of this division, any person injured by these actions
714		-	may obtain appropriate relief against the perpetrator of the
715		-	fraud or receive restitution from any person, other than a
716		-	bona fide purchaser, benefiting from the fraud, whether
717		-	innocent or not. Any proceeding must be commenced within one
718		-	year after the discovery of the fraud or from the time when
719		-	the fraud should have been discovered, but no proceeding may
720		-	be brought against anyone who did not perpetrate the fraud
721		-	later than five years after the time of the commission of the
722		-	fraud. This section has no effect on remedies related to fraud
723		-	perpetrated against a decedent during the decedent's lifetime
724		-	which affects the succession of the decedent's estate.
725		-	§43-2-698
726		-	The small estate amount shall at all times be equal to
727		-	the combined maximum amount of the homestead allowance, exempt
728		-	property, and family allowance provided under Sections
729		-	43-8-110 through 43-8-113, as adjusted pursuant to Section
730		-	43-8-116.
731		-	§43-8-23
732		-	In the event the estate qualifies as a small estate
733		-	under Section 43-2-691, the summary distribution proceedings
734		-	for a small estate under Division 10 of Article 18 of Chapter
735		-	2 of Title 43 are available to the small estate.
736	733		337
737	734		338
738	735		339
739	736		340
740	737		341
741	738		342
742	739		343
743	740		344
744	741		345
745	742		346
746	743		347
747	744		348
748	745		349
749	746		350
750	747		351
751	748		352
752	749		353
753	750		354
754	751		355
755	752		356
756	753		357
757	754		358
758	755		359
759	756		360
760	757		361
761	758		362
762	759		363
763		-	364 SB106 ~~Engrossed~~
	760	+	364 SB106 INTRODUCED
764	761		Page 14
	762	+	any proceeding or in any statement filed under this division
	763	+	or if fraud is used to avoid or circumvent the provisions or
	764	+	purposes of this division, any person injured by these actions
	765	+	may obtain appropriate relief against the perpetrator of the
	766	+	fraud or receive restitution from any person, other than a
	767	+	bona fide purchaser, benefiting from the fraud, whether
	768	+	innocent or not. Any proceeding must be commenced within one
	769	+	year after the discovery of the fraud or from the time when
	770	+	the fraud should have been discovered, but no proceeding may
	771	+	be brought against anyone who did not perpetrate the fraud
	772	+	later than five years after the time of the commission of the
	773	+	fraud. This section has no effect on remedies related to fraud
	774	+	perpetrated against a decedent during the decedent's lifetime
	775	+	which affects the succession of the decedent's estate.
	776	+	§43-2-698
	777	+	The small estate amount shall at all times be equal to
	778	+	the combined maximum amount of the homestead allowance, exempt
	779	+	property, and family allowance provided under Sections
	780	+	43-8-110 through 43-8-113, as adjusted pursuant to Section
	781	+	43-8-116.
	782	+	§43-8-23
	783	+	In the event the estate qualifies as a small estate
	784	+	under Section 43-2-691, the summary distribution proceedings
	785	+	for a small estate under Division 10 of Article 18 of Chapter
765	786		2 of Title 43 are available to the small estate.
766	787		Section 3. This act shall become effective on October
767	788		1, 2025.
768	789		365
769		-	366 SB106 Engrossed
770		-	Page 15
771		-	1, 2025.
772		-	Senate
773		-	Read for the first time and referred
774		-	to the Senate committee on Judiciary
775		-	................05-Feb-25
776		-	Read for the second time and placed
777		-	on the calendar:
778		-	0 amendments
779		-	................20-Feb-25
780		-	Read for the third time and passed
781		-	as amended
782		-	Yeas 33
783		-	Nays 0
784		-	Abstains 0
785		-	................18-Mar-25
786		-	Patrick Harris,
787		-	Secretary.
	790	+	366
788	791		367
789	792		368
790	793		369
791	794		370
792	795		371
793	796		372
794	797		373
795	798		374
796	799		375
797	800		376
798	801		377
799	802		378
800	803		379
801	804		380
802	805		381
803	806		382
804	807		383
805	808		384
806	809		385
807	810		386
	811	+	387
	812	+	388
	813	+	389
	814	+	390