Alabama § 43-2-692 - Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration.

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

(a) A person, or a person duly authorized to act for the person, entitled to an interest in a small estate under this division may initiate a proceeding for summary distribution of the estate by filing a verified petition in the office of the judge of probate of the county in which the decedent was domiciled at death. No bond shall be required to be filed with the petition. If the decedent died with a self-proved will, the self-proved will shall be filed with the petition.

(b) The petition for summary distribution shall provide the following information and allege the following conditions:

(1) The decedent died domiciled in this state and was domiciled in the county in which the petition is filed.

(2) The decedent’s estate is a small estate.

(3) A description of the personal property constituting the decedent’s estate and the value.

(4) No petition for the appointment of a personal representative is pending nor has one been granted.

(5) The name, address, age, capacity, and relationship to the decedent of: (i) the petitioner; (ii) each person who would be entitled to an interest in the decedent’s estate under the laws of descent and distribution of this state; and (iii) each person entitled to an interest in the decedent’s estate under any will of the decedent filed with the petition. “Capacity” as used in this subdivision means whether the person is 19 years of age or older and whether the person is of sound mind.

(6) If the decedent was survived by a spouse, that the decedent’s surviving spouse is entitled to the decedent’s estate.

(7) If the decedent died without a surviving spouse and without a self-proved will that does not dispose of all of the small estate, the names of the persons who are entitled to the decedent’s estate under the descent and distribution statutes of this state and their respective shares.

(8) If the decedent died with a will.

(9) If the decedent died with no surviving spouse and with a self-proved will, the names of the persons who are entitled under the self-proved will to a share or interest in the decedent’s estate and their respective shares or interests.

(10) All funeral expenses of the decedent have been paid or arrangements for the payment out of the estate of the decedent of all unpaid funeral expenses have been made by or on behalf of the petitioner.

(11) All claims against the decedent’s estate have been paid or arrangements for the payment out of the estate of the decedent have been made by the petitioner.

(c) Upon the filing of a petition for summary distribution under this division, both of the following shall occur:

(1) Notice of the filing of the petition shall be published once in a newspaper of general circulation in the county in which the decedent was domiciled or, if there is no newspaper of general circulation in the county, the notice of the filing shall be posted at the county courthouse for one week.

(2) The petitioner shall notify the Alabama Medicaid Agency of the filing of the petition as provided in Section 43-2-697 and shall provide proof of the notice to the probate court.

(d) The probate court shall not enter an order directing summary distribution pursuant to a petition under this division unless:

(1) At least 30 days have elapsed since the notice of the filing of the petition was published as provided in subsection (c);

(2) At least 30 days have elapsed since the Alabama Medicaid Agency received notice of the filing of the petition; and

(3) It appears to the probate court that all of the conditions for summary distribution provided in this subsection have been met and that the petition is due to be granted.