A Small Estate
Ala. Code § 43-2-692 — a verified petition in probate court for summary distribution, with no bond
A person entitled to a share of a small estate can start a summary distribution by filing a verified petition with the judge of probate in the county where the person who died was domiciled. No bond is required, and a self-proved will is filed with the petition.
Who handles this in Alabama: Alabama Appleseed and Alabama Supreme Court and State Law Library, Self-Help; and legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
- The petition says the estate is a small estate and describes and values its personal property.
- It says no personal representative has been asked for or appointed.
- It names everyone entitled to a share, with their age, capacity and relationship, capacity meaning whether a person is 19 years of age or older and of sound mind.
- When there is a surviving spouse, it says the spouse is entitled to the estate.
What counts as a small estate. The estate here is the personal property of someone who owned no real property at death, other than property passing by operation of law, and a small estate is one worth no more than the small estate amount, which is adjusted from time to time by the Consumer Price Index.
Sources for this section (2)
- Ala. Code § 43-2-692 — Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration
- Ala. Code § 43-2-691 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.