Alabama Small Estate Affidavit Form
In Alabama, as in any other US state, specific papers regulate all kinds of estate relations. The Alabama Small Estate Affidavit Form is signed during the disposal of a deceased persons’ estate by their descendants. It gives them the right to administer the property in any way they want.
The descendants get all estate rights, but to sign the small estate affidavit, the property must not cost more than $25,000 (around $30,000 in 2020). Also, the property must not contain any real estate.
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Alabama Laws and Requirements
The laws governing the Alabama Small Estate Affidavit Form are mentioned mostly in the 2019 Code of Alabama. Title 43 deals with Wills and Deceased’s Estates, Chapter 2 deals with Administration of Estates, while Article 18 deals with Settlements and Distributions. Division 10 covers Summary Distribution of Small Estates, and Section 43-2-692 deals with Petition for summary distribution when surviving spouse or distributee is entitled to personal property without administration.
Some information on the requirements for filling out the Alabama Small Estate Affidavit Form can also be found in the Alabama Small Estates Act.
Primary requirements
- Real estate cannot be claimed using this form.
- The form must be signed by the Judge of Probate Court in the county where the deceased person died.
- The heirs must propose the signed Alabama Small Estate Affidavit Form to the Probate County Court.
- A fee of $50 has to be paid to the Probate Court.
- The most important requirement is the property value. It must be around $30,000 or less.
- Proof of death of the deceased must be presented in the Court.
- The deceased person must have been a resident of Alabama at the time of their death.
Please note that the whole procedure cannot be completed earlier than 30 days after the deceased person’s death.
Alabama Small Estate Affidavit Laws Details
| Max. Estate | $30,608 |
| Min. Time to Wait After Death | Not specified |
| Filing Fee | At least $50 |
| State Laws | Alabama Code, Sections 43-2-690 to 43-2-696 |
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Filling Out the Alabama Small Estate Affidavit Form
- Give the Information on the Deceased
Write down their name, date of death, and county of residence.
- Register the Data of the Requester
Fill in the requester’s full name and address.
- Introduce all the Descendants
Write the names of all descendants, starting with the spouse, children, and other family members.
- Provide Details of the Decedent’s Property
List property that belonged to the deceased person, excluding real estate.
- Write Down the Deceased Person’s Commitments
Remember to include their liabilities, outstanding invoices, and other obligations.
- Give the Descendants’ Information
If some property is meant to belong to a specific descendant, it should be stated in the form. However, the judge makes the final decision.
- Sign the Document
All parties should sign their signatures in the presence of a notary, who must seal the signed document.
Also, attach one copy of the Death Certificate.
- Attach Signatures of Two Witnesses
The witnesses must have no interest in the deceased’s estate.
- Deliver the Affidavit to the Judge
The Judge of the Probate County must file the affidavit not earlier than thirty days after the date of death.
- Pay the Fee
Pay the $50 fee to the Probate Court.