For the purposes of this division, the following words and phrases have the following meanings:
- (1) DECEDENT. A deceased individual who is not survived by a minor child who is not the child of the surviving spouse, if any, and whose estate is subject to summary distribution under this division.
- (2) ESTATE. All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law.
- (3) PERSON. A natural person, corporation, organization, other legal entity, or any trust or trustee.
- (4) PERSONAL REPRESENTATIVE. An executor, administrator, administrator with the will annexed, special administrator, and successor personal representative.
- (5) SELF-PROVED WILL. A will that is self-proved in accordance with either Section 43-8-132 or 43-8-133.
- (6) SMALL ESTATE. An estate having a value that does not exceed the small estate amount.
- (7) SMALL ESTATE AMOUNT. The sum as adjusted from time to time based on the Consumer Price Index formula set forth in Section 43-8-116 of the homestead allowance under Section 43-8-110, exempt property under Section 43-8-111, and the family allowance under Sections 43-8-112 and 43-8-113.
- (8) SUMMARY DISTRIBUTION. The procedure provided in this division to distribute the small estate of a decedent without the appointment of a personal representative.
- (9) SURVIVING SPOUSE. The spouse of the decedent at the time of decedent’s death, provided the spouse is a surviving spouse under Section 43-8-252 and is not an individual claiming to be a spouse under common law, whether or not such common law marriage allegedly occurred before or after January 1, 2017.
(Acts 1975, 3rd Ex. Sess., No. 145, §2; Act 2009-399, p. 724, §1; Act 2025-431, §1.)