Alabama § 43-2-691.1 - Persons Entitled to Summary Distribution of a Small Estate.

§ 43-2-691.1. Persons Entitled to Summary Distribution of a Small Estate.

(a) During the pendency of a summary disposition, any person entitled to the homestead allowance under Section 43-8-110, exempt property under Section 43-8-111, or the family allowance under Sections 43-8-112 and 43-8-113 may file a verified petition in the office of the judge of probate in which the summary distribution is pending. The petition shall set forth the person’s entitlement to the exemption and allowances. The probate court, upon review and approval of the petition, may enter an order for disbursing the exemption and allowances from the small estate to the person in accordance with Sections 43-8-110, 43-8-111, or 43-8-112 and 43-8-113.

(b) The remainder of the small estate of a decedent domiciled in Alabama at the time of the decedent’s death, following the exemption and allowances disposition made in accordance with subsection (a) that meets all of the conditions of this division, shall be distributed as follows:

(1) To the surviving spouse of the decedent.

(2) If the decedent died with a self-proved will and with no surviving spouse, to those persons entitled to the decedent’s estate under the self-proved will, and to those persons entitled to share in the decedent’s estate under the laws of descent and distribution of this state for the part of the decedent’s estate not effectively disposed of by the decedent’s self-proved will.