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Alabama Small Estate Affidavit Form

An Alabama small estate affidavit allows heirs of an estate to distribute its assets and bypass the probate process. It is commonly called a "petition for summary distribution," and is only available for estates with a total value smaller than the state-imposed minimum ($34,611), which is linked to inflation and changes each year.
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How to File (4 steps)

Step 1: Verify Eligibility

This will include identifying and valuing all of the decedent’s property to make sure it falls below the state maximum. The affiant should confirm with the Local Probate Court that there is no competing application that has already been filed or an application for a personal representative. There also may not be a pending application for someone to act as an executor, if the decedent had a will, or administrator if the decedent did not.

Step 2: Contact All Heirs

Because all possible heirs must be identified in the affidavit, the affiant must make an effort to contact family members and the decedent’s spouse to let them know of the petition filing. Along with informing them, the affiant should get the updated contact information to include with the petition.

Step 3: Settle Remaining Obligations

Under Alabama law, if the decedent had any outstanding debts or obligations, these must be settled before a petition for summary distribution may be filed. This includes paying for funeral expenses or at least making arrangements to pay for them.

Step 4: Fill Out, Sign, and File

Petitions for summary distribution should be filed with the probate court for the county where the decedent lived. A listing is available with this Court Locator. Alabama law requires that the submission also include proof of death, such as a death certificate.