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Alabama Small Estate Affidavit Form

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The Alabama small estate affidavit is a form that may be completed by the heirs of an estate when there was no will created by the person who died and that their estate’s total value is less than twenty-five thousand dollars ($29,014). This document must be completed by all the heirs that are known to be of the decedent (spouse and all family members) and filed with the Judge of Probate in the County where the decedent died (See County List).

Filing – Must be submitted to the Probate County Court where the decedent’s estate is being handled. At least thirty (30) must have passed after the death of the decedent.

Laws – § 43-2-692(1)

Maximum – Value of estate cannot be more than twenty-five thousand dollars ($29,014) with no real property (real estate).

How to Write

Step 1 – In the header area, the name of the Decedent should be entered along with the County in which they died. This is also the same County that the petitioner will need to file the small estate.

Step 2 – In Section 1, The decedent’s name should be mentioned again with the date and place where they died.

Step 3 – Enter your name, the petitioner, and street address.

Step 4 – In Section 11, enter the names of all the heirs of the decedent. This should list any spouse first, then children, and then any other family members (siblings, nephews, nieces, grandchildren, etc.)

Step 5 – In Section 13, list all personal property of the Decedent. If there is any real estate, this form may not be used.

Step 6 – In Section 14, all liabilities of the Decedent should be mentioned such as any outstanding bills, credit card debt, and any obligations or creditors that have come out to make a claim against the estate.

Step 7 – If there are any heirs that are entitled to certain property, it should be entered here. For example, If something was purchased for the decedent by a family member, they could suggest that it should return to them. The court will ultimately decide all items but mentioning in this area would help their chances of possession.

Step 8 – For legal purposes, it is recommended to have this form signed in the presence of a notary public. In Alabama, a copy of the Death Certificate will need to be attached.

Step 9 – After completion and thirty (30) days have passed since the death, the affidavit may be filed with the Judge of the Probate County. Call ahead as every County charges different fees for the filing.