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AL SB106

Bill

Status

Engrossed

3/18/2025

Primary Sponsor

Rodger Smitherman

Click for details

Origin

Senate

2025 Regular Session

AI Summary

SB106 Summary

  • Revises Alabama's Small Estates Act to increase the small estate threshold from $25,000 to an amount automatically adjusted annually based on the Consumer Price Index formula, equal to the combined homestead allowance, exempt property, and family allowance under Code sections 43-8-110 through 43-8-113.

  • Authorizes probate courts to manage small estate distribution through a streamlined process without requiring appointment of a personal representative, with expanded eligibility to any person entitled to an interest in the small estate, not just the surviving spouse.

  • Requires a 30-day waiting period after notice publication and notification to the Alabama Medicaid Agency before the probate court can enter a summary distribution order.

  • Adds fraud remedies allowing injured persons to obtain relief against fraud perpetrators within one year of discovery or five years from commission of fraud, with exceptions for bona fide purchasers.

  • Becomes effective October 1, 2025; passed Senate with 33 yeas, 0 nays, 0 abstains on March 18, 2025.

Legislative Description

Small Estates; summary distribution for small estates; amount increased; Probate Court authorized to manage process

Property & Estates

Last Action

Carried Over to the Call of the Chair

5/7/2025

Committee Referrals

Judiciary3/19/2025
Judiciary2/5/2025

Full Bill Text

No bill text available