Alabama Summary Distribution Checker

There's no single dollar figure written into the law — the cap is built by adding up three other statutory allowances, and it moves every year.

Ala. Code §43-2-690 et seq. FigureMyTax Editorial Team Free · no sign-up

Does this Alabama estate qualify?

Enter the personal property value to see whether summary distribution likely fits.

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Likely path for this Alabama estate
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A threshold that's actually three allowances added together

Genuinely distinctive: under the Revised Alabama Small Estates Act, the small estate amount equals the combined, CPI-adjusted maximums of the homestead allowance, exempt property, and family allowance — working out to roughly $47,000 for claims in 2026. Many high-ranking pages online still cite stale figures like $25,000 from the old formula.

Not a simple bank-counter affidavit

Unlike states where a sworn affidavit goes directly to a bank, Alabama has no true out-of-court small estate affidavit. The shortcut — summary distribution — is a verified petition filed with the probate judge in the county where the decedent was domiciled, and the court issues an order and decree directing distribution.

Personal property only, no exceptions for the house

Summary distribution covers personal property only and is generally unavailable if the decedent owned real property requiring probate — regardless of the estate's overall value.

A 30-day wait, and no competing proceeding

At least 30 days must have passed since death, and no application for the appointment of a personal representative can already be pending or granted for the estate.

The court can still ask for more

If the court determines other proceedings are necessary before a final order can be entered, the attorney and petitioner are advised — a real possibility worth planning for rather than assuming the petition is automatically final.

Alabama summary distribution — frequently asked questions

What is Alabama's summary distribution threshold?

It isn't a fixed number — it equals the combined, CPI-adjusted maximums of the homestead allowance, exempt property, and family allowance, which works out to roughly $47,000 for 2026. Many older sources still cite stale figures from before the formula changed.

Is Alabama's small estate process a simple sworn affidavit like other states?

No — Alabama has no out-of-court small estate affidavit. The shortcut, called summary distribution under the Revised Alabama Small Estates Act, is a verified petition filed with the probate judge, not paperwork presented directly to a bank.

Can summary distribution ever reach real estate?

No — it covers personal property only and is unavailable if the decedent owned real property requiring probate, regardless of the estate's total value.

How long do I have to wait to use summary distribution?

At least 30 days after the date of death, and no application for a full probate proceeding can already be pending or granted for the estate.

What does the court issue once summary distribution is approved?

An order and decree directing specific actions regarding the decedent's assets, including orders for their distribution — if the court finds other proceedings are necessary first, the petitioner is advised before any final order is entered.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Ala. Code §43-2-690 et seq. and the Revised Alabama Small Estates Act. Actual eligibility depends on the estate's full facts and the current adjusted threshold. Confirm with the county Probate Court or a licensed Alabama attorney before acting.