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AL SB106
Bill
Status
3/18/2025
Primary Sponsor
Rodger Smitherman
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AI Summary
SB106 Summary
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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.
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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.
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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.
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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.
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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