Josiah M. had few possessions when he died, though he had many loving friends and family. He lived in a rented independent living facility, owned one car, and had several small bank accounts. His family began the process of probating his estate. His attorney suggested they take the small estate probate route.
Probate occurs when a judge determines that the Will of a deceased person is valid. It also refers to the administration of the estate whether a Will exists or not. Many people try to avoid probate proceedings because they can be expensive and lengthy.
A Fairly Easy Solution
Sometimes the person who passed away, the decedent, does not own much property at the time of death. Even then, some of the property they own may not become part of their probate estate.
A surviving spouse or one of the heirs can file a petition for summary distribution of the decedent’s personal property. Note that real property – like homes or land – cannot be transferred through a small estate proceeding.
Summary distribution can be requested under certain circumstances:
- The value of the estate does not exceed $25,000.
- The decedent was an Alabama resident at the time of death.
- A petition for appointment of personal representative is not pending or has not been granted.
- It’s been at least 30 days since the notice of filing was published.
- Funeral expenses have been paid or arrangements have been made to pay them.
- A probate judge has determined succession if the decedent did not leave a Will.
- Decedent’s Will, if any, has been filed in the office of the judge of probate.
- Notice of filing the petition has been published in a local newspaper or posted at the courthouse.
- All claims against the estate have been paid or arrangements have been made to pay them.
For people trying to probate a small estate, this procedure provides a faster, easier way to settle the estate.
Use the Right Probate Procedure When the Time Comes.
Josiah’s family was able to file a petition for summary distribution of his estate. He did not own real property and his probate assets (excluding bank accounts and insurance policies with named beneficiaries) were worth less than $25,000. His estate met all the other qualifications, also.
The attorneys at Miller Estate and Elder Law assist clients probate whether the estate is large or small. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
