Alabama Probate Attorneys Have Better Alternative for Small Estates
The Alabama legislature recently made a few much-needed changes to the Summary Distribution of Small Estates provisions of the Alabama Probate Code. Summary Distribution is designed to allow for quick and easy distribution of small estates, without the need for a full probate proceeding.
The problem with the old Small Estates procedure was that small meant small. As in very small. The procedure was only available for estates with a value of less than $3,000.00. This low value requirement made the provision virtually useless since the vast majority of estates are worth more than $3,000.00.
The old law also required notice to be published once a week for three consecutive weeks. The surviving spouse (or other claimants) had to wait 45 days from the date the Petition for Summary Distribution was filed and at least 21 days from the date that notice was first published. These requirements added administrative complexity to what was presumably intended to be a simple proceeding.
On May 7, 2009, the Alabama legislature addressed some of the deficiencies in the Summary Distribution of Small Estates law. As amended, the dollar threshold for small estates has been raised from $3,000.00 to $25,000.00. The $25,000 threshold is now indexed for inflation.
The 2009 amendment also streamlines the procedural requirements. The 45/21 day notice has been replaced by a simple 30 day notice from the date that the notice of the Petition for Summary Distribution is first published. And instead of having to publish notice in the news paper for three consecutive weeks, one publication will now suffice.
These amendments should make the Summary Distribution of Small Estates procedure more useful to Alabama probate attorneys who are seeking quick and cost-efficient probates for their clients.