Personal property
$37,075
statutory cap
30-day wait
CPI-adjusted annually; 2025 figure (eff Mar 1 2025–Feb 28 2026). 30-day wait is post-petition, not post-death.
AL · Probate Court
Alabama
Small-estate-affidavit threshold and procedure under § Ala. Code § 43-2-692.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Alabama's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: CPI-adjusted annually; 2025 figure (eff Mar 1 2025–Feb 28 2026). 30-day wait is post-petition, not post-death.
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
03
Where to file
File with the Probate Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Alabama judicial system operates an authoritative court locator.
Find your county’s Probate Court via the Alabama judicial council website. Search for “Alabama Probate Court county locator” or visit the state government court directory.
04
Form & statute
Form
- Petition for Summary DistributionGeneric title; counties publish their own templates.
Statutes