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Ala. Code §§ 43-2-691, 43-2-692 · checked 2026-10-21
Alabama small estate affidavit limit
In Alabama the petition for summary distribution of a small estate is available when the value of the personal property of a decedent who owned no real property, not counting property whose title passes by operation of law is $47,000 or less; the statute sets no waiting period. It works through a short court proceeding started by petition.
- 1Dollar limit $47,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute Ala. Code §§ 43-2-691, 43-2-692
What Ala. Code §§ 43-2-691, 43-2-692 says
The operative words of the statute, as read on 2026-10-21:
“An estate having a value that does not exceed the small estate amount”
That test is applied to the value of the personal property of a decedent who owned no real property, not counting property whose title passes by operation of law. The estate must be personal property only: the decedent must have owned no real property. The verified petition is filed with the judge of probate in the county of domicile; notice is published once and the Alabama Medicaid Agency is notified, and the court may not order distribution until 30 days after both (§ 43-2-692(d)). The decedent must not be survived by a minor child who is not also the surviving spouse's child.
Alabama's small estate amount is the combined homestead allowance, exempt property and family allowance as adjusted by the State Treasurer under Ala. Code § 43-8-116 (§§ 43-2-691(7) and 43-2-696.02). The Treasurer's published amounts in effect for claims made from April 1, 2024 are $18,800 + $18,800 + $9,400, which adds up to $47,000. The July 1, 2026 adjustment ($20,475 + $20,475 + $10,225 = $51,175) applies to claims made on or after April 1, 2027.
Source: Ala. Code §§ 43-2-691, 43-2-692; dollar figure from the Alabama State Treasurer, Consumer Price Index adjustments under §§ 6-10-12 and 43-8-116. Last checked 2026-10-21.
Worked examples against the $47,000 limit
| Estate value | Result under Ala. Code §§ 43-2-691, 43-2-692 |
|---|---|
| $28,000 | Within the limit |
| $47,000 | Within the limit |
| $48,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the personal property of a decedent who owned no real property, not counting property whose title passes by operation of law — not everything the person owned. Alabama's figure is $15,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 38th from the top.
When the route opens
Ala. Code §§ 43-2-691, 43-2-692 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
Filing and fees
This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The court fee schedule for Alabama could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the petition for summary distribution of a small estate and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East South Central jurisdictions
Kentucky: no dollar cap; Mississippi: $75,000 after 30 days; Tennessee: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Alabama probate court or its self-help center before filing.