HB164 Summary

• Revises the Alabama Small Estates Act to establish a streamlined small estate distribution process under probate court jurisdiction without requiring appointment of a personal representative.

• Defines a "small estate" as one with a value not exceeding the combined maximum amount of homestead allowance, exempt property, and family allowance, with adjustments made annually based on the Consumer Price Index.

• Allows any person entitled to an interest in a small estate to file a verified petition with the probate court; requires notice publication and 30-day waiting period before court can enter a summary distribution order.

• Establishes priority for claim payment including funeral expenses, probate fees, creditors, and then distribution to surviving spouse, devisees under will, or heirs under Alabama descent and distribution laws.

• Adds fraud protections allowing injured parties to seek relief or restitution within one year of discovery (but no later than five years after commission) and requires notice to Alabama Medicaid Agency upon petition filing.

• Effective date: October 1, 2025.