SB106 Alabama 2025 Session

Updated Jan 14, 2026

Senate Bill

In Second Chamber

Current Status

2025 Regular Session

Session

Sponsor

Summary

Primary Sponsor: Rodger Smitherman Senator
Democrat
Session: 2025 Regular Session
Title: Small Estates; summary distribution for small estates; amount increased; Probate Court authorized to manage process
Description: Under existing law, the Alabama Small Estates Act allows the surviving spouse or other distributee of a decedent, who owns no real property at the time of death, to receive in a summary manner the decedent's personal property, provided the value of this personalty is not in excess of $25,000, or such adjustments to that amount as made on an annual basis by the State Finance Director based on changes in the Consumer Price Index.
This bill would raise the threshold amount distributable under the Small Estates Act to the combined maximum amount, as adjusted from time to time based on the Consumer Price Index, as allowed under the homestead allowance, exempt property, and family allowance, which is currently adjusted to $47,000.
This bill would streamline the procedure for both claiming exemptions and allowances in a small estate and for settling the small estate.
This bill would further clarify who is a surviving spouse under an intestate estate when there is a divorce, annulment, or separation.
This bill would also expressly permit summary distributions of small estates under the Probate code.
SB106 INTRODUCED.
Subjects: Property & Estates