Alabama Small Estate Affidavit Form

Definition of a Small Estate in Alabama

A small estate is one whose value does not exceed the small estate amount. That amount is a sum of three allowances: 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.^[1]

The sum is adjusted from time to time under the Consumer Price Index formula in Section 43-8-116, so confirm the current amount with the probate court before you file.^[1]

Alabama Laws and Requirements

Alabama settles a small estate through summary distribution. A person entitled to an interest in the estate, or someone acting for that person, starts it with a verified petition filed in the office of the judge of probate of the county where the decedent was domiciled at death.^[2]

These rules come from the Revised Alabama Small Estates Act, Sections 43-2-690 to 43-2-696 of the Code of Alabama, and Section 43-2-697 sets out the notice to the Alabama Medicaid Agency.^[3]

Primary requirements

Section 43-2-692 sets these requirements.^[2]

• No petition for the appointment of a personal representative may be pending, and none may have been granted.
• All claims against the estate must have been paid, or the petitioner must have made arrangements to pay them out of the estate.
• All funeral expenses must have been paid, or the petitioner (or someone acting on the petitioner's behalf) must have made arrangements to pay the unpaid ones out of the estate.

The petition must also state that the decedent died domiciled in Alabama and was domiciled in the county where the petition is filed (Section 43-2-692(b)(1)).^[2]

The estate must be personal property only: the decedent must have owned no real property at death, other than real property whose title passes by operation of law (Section 43-2-691(2)).^[1]

Alabama Small Estate Affidavit Laws Details

Filing the Petition and Giving Notice

File a verified petition in the office of the judge of probate of the county where the decedent was domiciled at death. No bond has to be filed with the petition. If the decedent died with a self-proved will, file that will with the petition as well.^[2] After the filing, notice has to be given and two waiting periods apply.

Alabama asks the petitioner to give notice in these ways.^[2]

• Notice of the filing of the petition must be published once in a newspaper of general circulation in the county where the decedent was domiciled.
• If the county has no newspaper of general circulation, the notice must instead be posted at the county courthouse for one week.
• The petitioner must notify the Alabama Medicaid Agency of the filing and give the probate court proof of that notice.

Once the Small Estates Act's requirements are met, the judge of probate enters an order directing summary distribution of the estate (Section 43-2-693).^[4]

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How to Fill Out the Alabama Small Estate Affidavit Form

The form runs four pages, and the twelve steps below follow its order. Fill in the downloaded PDF with our online PDF editor, or print it and write the answers by hand. Each step names the part of the form it covers.

The screenshots under each step show the FormsPal Alabama small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Caption and decedent (item 1). Enter the decedent's name and the county in the heading, then the decedent's name, date of death and county of death in item 1, and keep a copy of the death certificate handy because item 2 says one will be submitted with the affidavit.

   

2. Affiant, monetary limit and days (items 3, 4, 6, 8). Enter your name, street address and city, then fill in the blanks for the monetary limit in item 6 and the number of days in item 8.

   

3. Heirs or devisees, first five rows (item 11). List each heir or devisee with the relationship to the decedent and an address, one per row.

   

4. Heirs or devisees, continued (item 11). Use the seven extra rows on page 2 if the decedent has more than five heirs or devisees.

   

5. Assets and their value (item 13). List each asset with its value and any additional information. The form has 15 rows.

   

6. Liabilities and debts, first eight rows (item 14). List each liability or debt, the amount owed and the creditor information.

   

7. Liabilities and debts, continued (item 14). Continue the list in the seven rows at the top of page 3 if you need more room.

   

8. Heirs or devisees and their property (item 15). Name each heir or devisee and describe the property listed for that person, then sign on the affiant line below the table.

   

9. Sworn date and notary block (page 3). Enter the day, month and year, then sign before a notary public, who completes the state, printed name and commission expiry.

   

10. First disinterested witness (page 4). Enter the estate name, and the witness then signs and prints a name.

    

11. Notary block for the first witness (page 4). The notary enters the day, month, year, state, printed name and commission expiry for the first witness.

    

12. Second disinterested witness and notary block (page 4). Repeat for the second witness: the estate name, the signature and printed name, then the notary's block.

    

Frequently Asked Questions

These answers cover the basics of Alabama's small estate process, taken from the statute sections cited on this page. Confirm the details with the probate court office in the county where the decedent lived before you file.

How do you file a small estate affidavit in Alabama?

Someone entitled to an interest in the estate, or someone acting for that person, files a verified petition in the office of the judge of probate of the county where the decedent was domiciled at death.^[2] The form on this page lists the heirs or devisees, the assets and the debts.

Does Alabama require notice of the filing?

Yes. Alabama asks for notice in these ways.^[2]

• Publish the notice of the filing once in a newspaper of general circulation in the county where the decedent was domiciled.
• If the county has no such newspaper, post the notice at the county courthouse for one week.
• Notify the Alabama Medicaid Agency of the filing.

General information, not legal or tax advice.

Sources

1. Ala. Code § 43-2-691(7).
2. Ala. Code § 43-2-692.
3. Ala. Code § 43-2-690.
4. Ala. Code § 43-2-693.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.