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Alabama Small Estates Act

Posted by Joseph Britt | Feb 28, 2024

Alabama Small Estates Act

The Alabama Small Estates Act is an abbreviated probate process for smaller estates.  This Act, when applicable, can save time and money when compared to the traditional probate process.  Ala Code §43-2-690-696.

To qualify for probate under the Alabama Small Estates Act, certain criteria must be met:

  1. There is a financial threshold.  The Estate must be valued at less than $34,611 at the time of this writing but this amount increases slightly each year.
  2. Real property cannot be administered under the Act.  This means that only personal property is allowed to be transferred under the ASEA.

If these criteria are met, a petition may be filed under the ASEA.  Publication of notice must be entered into the local newspaper or relevant circular.  After 30 days following the notice has passed, the assets may be distributed in the following order of priority:

  1. Funeral expenses
  2. Probate fees and charges incurred in the proceedings
  3. Taxes owed
  4. Secured creditors
  5. Unsecured Creditors
  6. Heirs (spouse, children)

If you have any questions, call or message us at Britt Estate Planning & Probate 256-272-1726

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