Laws
- Days After Death – 30 days.[1]
- Maximum Amount – The maximum value of qualifying estates is linked to the Consumer Price Index and changes yearly. For the period from March 1, 2024 through February 28, 2025, it is $36,030.[2]
- Publishing – A notice of the filing for a petition for summary distribution must be published in a newspaper of general circulation in the county in which the decedent lived, and no distribution may occur until at least 30 days have passed from the time of publication. If there is no newspaper of general circulation in the decedent’s county, then the notice must be posted at the county courthouse for one week.[3]
- Signing Requirements – No direct statutes, though the form is typically notarized or proved by two witnesses.
- Statutes – Petition for Summary Distribution
How to File (4 steps)
Step 1: Verify Eligibility
This will include identifying and valuing all of the decedent’s property to make sure it falls below the state maximum. The affiant should confirm with the Local Probate Court that there is no competing application that has already been filed or an application for a personal representative. There also may not be a pending application for someone to act as an executor, if the decedent had a will, or administrator if the decedent did not.
Step 2: Contact All Heirs
Because all possible heirs must be identified in the affidavit, the affiant must make an effort to contact family members and the decedent’s spouse to let them know of the petition filing. Along with informing them, the affiant should get the updated contact information to include with the petition.
Step 4: Fill Out, Sign, and File
Petitions for summary distribution should be filed with the probate court for the county where the decedent lived. A listing is available with this Court Locator. Alabama law requires that the submission also include proof of death, such as a death certificate.