Alabama probate code · checked October 2026
For money and belongings, Alabama's affidavit limit is $47,000 — applied to the estate after the assets that pass automatically are taken out. Alabama's track covers personal property only — real property is excluded from summary distribution entirely. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $47,000, judged by the law in force on the date of death.
The paper: Petition for Summary Distribution under Ala. Code § 43-2-692 (no statewide form number confirmed).
How it moves: filed with the court — a court paper, not an envelope.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: If there is a surviving spouse, only the surviving spouse may file the summary distribution petition; otherwise distributees/devisees may file.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $47,000 | Filed with the court. Form: Petition for Summary Distribution under Ala. Code § 43-2-692 (no statewide form number confirmed). |
| Summary Distribution - Revised Alabama Small Estates Act | $47,000 | A court-filed verified petition, not an affidavit. The ceiling is not a fixed number in the statute: it equals the homestead allowance + exempt property + family allowance combined, adjusted for inflation (about $47,000 for deaths on or after October 1, 2025; about $37,000 in early 2025 under the prior annual adjustment — the probate court confirms the figure for the date of death). |
Vehicles pass only as personal property of the estate through the probate court's summary distribution; Alabama has no affidavit vehicle shortcut in this Act.
Funeral expenses must be paid or arrangements made to pay them from the estate, and under the revised Act debts must be paid or arrangements made.
Rules checked October 2026 · Sources: Ala. Code §§ 43-2-690 to 43-2-698 (Rev. Small Estates Act, as amended by 2025 HB 164); Ala. Code § 43-2-692; Ala. Code §§ 43-8-110 to 43-8-113, 43-8-116. This page reads the published law; it is not legal advice, and the court is the final word.