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.
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.
Please note that the whole procedure cannot be completed earlier than 30 days after the deceased person’s death.
Write down their name, date of death, and county of residence.
Fill in the requester’s full name and address.
Write the names of all descendants, starting with the spouse, children, and other family members.
List property that belonged to the deceased person, excluding real estate.
Remember to include their liabilities, outstanding invoices, and other obligations.
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.
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.
The witnesses must have no interest in the deceased’s estate.
The Judge of the Probate County must file the affidavit not earlier than thirty days after the date of death.
Pay the $50 fee to the Probate Court.