Alabama Summary Distribution: How-To

Quick answer: once 30 days have passed, personal property is within the current combined-allowance threshold, and no full probate is pending, file a verified petition with the county Probate Court. Check whether an estate qualifies with the Alabama summary distribution checker.

Step by step

Wait 30 days from the date of death.
Confirm no application for a personal representative is pending or has been granted for this estate.
Confirm there's no real property requiring probate.
Total the qualifying personal property against the current combined-allowance threshold.
Prepare the verified petition, typically with an attorney's help.
File with the Probate Court in the county where the decedent was domiciled.

The court can't hand you the forms

Worth knowing: by law, the Probate Court and its staff are not permitted to give legal advice or provide any forms for this proceeding — it's suggested that petitioners obtain an attorney's assistance to prepare and file the paperwork and provide representation generally.

What the court actually issues

Upon compliance with all provisions of the Revised Alabama Small Estates Act, the court issues an order and decree directing certain actions regarding the decedent's assets, including orders for their distribution.

The court can ask for more before finishing

Should the court determine that other proceedings are necessary before a final order can be entered, the attorney and petitioner will be advised — worth planning for as a real possibility rather than assuming the petition alone settles everything.

Facing probate in Alabama?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Alabama attorney

Jefferson, Mobile, and Madison County each process this petition through their own Probate Court, but the Act's requirements apply identically statewide.

How-to — frequently asked questions

Why does Alabama recommend an attorney for a process meant to be simplified?

Because the Probate Court and its staff are not permitted to give legal advice or provide forms, so preparing and filing the verified petition correctly generally requires outside help rather than court staff guidance.

Where is the summary distribution petition filed?

With the Probate Court in the county where the decedent was domiciled at death — the same court that would handle a full probate proceeding for that estate.

What happens after the petition is filed and reviewed?

Upon compliance with all provisions of the Act, the court issues an order and decree directing certain actions regarding the decedent's assets, including orders for their distribution to the people entitled to them.

What can delay a final order in a summary distribution case?

If the court determines that other proceedings are necessary before it can enter a final order, the attorney and petitioner will be advised of what additional steps are required.

This page provides general guidance only and is not legal advice. Based on Ala. Code §43-2-690 et seq. Confirm current requirements with the county Probate Court or a licensed Alabama attorney before acting.