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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.

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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.
  • Ala. Code § 43-2-692

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)
  1. Ala. Code § 43-2-692 — Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration
  2. 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.

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