The small estate process applies only if all of the following conditions are met^[3]:

• The estate’s value does not exceed the state maximum
• The decedent was an Alabama resident at the time of death
• No petition for appointment of a personal representative has been filed or granted
• All claims against the decedent have been paid or arranged to be paid
• Funeral expenses have been paid or arranged to be paid
• The decedent owned no real property at the time of death

An heir or other person entitled to inherit property must file a Petition for Summary Distribution with the probate court in the county where the decedent resided at death.

Along with the Petition, the probate court requires a copy of the death certificate and payment for the $50 filing fee (actual costs may vary depending on local court rules).

Notice of the filing of the Petition must be published once in a local newspaper, or if there is no newspaper, posted at the county courthouse for one week.^[4]

The petitioner must also send a Notice of Probate to the Alabama Medicaid Agency via certified mail, and then deliver an Affidavit of Certified Mailing to the probate court.^[5]

A summary distribution hearing will be held at least 30 days after notice is published and delivered to the Alabama Medicaid Agency.^[6] If the judge grants approval at the hearing, they will sign an order giving the distributees permission to distribute the assets and settle the estate.