Attorney-Approved  Small Estate Affidavit Form for Alabama Access Editor Now

Attorney-Approved Small Estate Affidavit Form for Alabama

The Alabama Small Estate Affidavit is a legal document that allows heirs to claim property and assets of a deceased individual without going through a lengthy probate process. This form simplifies the transfer of small estates, making it easier for families to settle their loved one's affairs. Understanding how to properly use this affidavit can save time and reduce stress during a challenging period.

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The Alabama Small Estate Affidavit is a useful tool for individuals dealing with the estate of a loved one who has passed away. This form simplifies the process of transferring assets when the total value of the estate is below a certain threshold, allowing heirs to bypass the lengthy probate process. By using this affidavit, qualified heirs can claim property without formal court proceedings, which can save both time and money. Typically, the form is utilized when the estate is valued at $25,000 or less, excluding certain types of property like real estate. The affidavit must be signed under oath, affirming that the signer is entitled to the decedent's assets. Along with the affidavit, heirs may need to provide a copy of the death certificate and any relevant documents that prove their relationship to the deceased. Understanding how to properly fill out and file this affidavit can greatly ease the burden during a difficult time, ensuring that the estate is settled efficiently and according to the wishes of the deceased.

Document Sample

Alabama Small Estate Affidavit

In accordance with the Alabama Small Estates Act, this affidavit allows for the collection, transfer, or disbursement of the personal property from a deceased person's estate without formal administration, providing the total value of the estate does not exceed the threshold specified by the state law. This document must be used by successors of the deceased, including but not limited to heirs or those entitled by a will, when the assets are below the statutory limit defined under the Alabama Code.

State of Alabama
County of _________________________

I/We, _________________________, residing at _________________________, being duly sworn, depose and say:

  1. Decedent's Information:
    • Name: ________________________________________
    • Date of Death: ________________________________
    • County of Domicile at Time of Death: ____________
  2. Successor's Information:
    • Name(s): ______________________________________
    • Address: _____________________________________
    • Relationship to Decedent: _____________________
  3. Details of the Estate:
    • Description of Property: _______________________
    • Value of Estate: ______________________________
    • List of Debts and Liabilities: _________________
  4. Affirmation of Successors:

    I/We affirm under penalty of perjury that all information provided herein is true and accurate to the best of my/our knowledge, that the decedent's estate does not exceed the value limitation set forth by the Alabama Small Estates Act, and that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

  5. Signature of Successor(s):

    ___________________________________ Date: _________

    ___________________________________ Date: _________

This document must be presented to the entity holding the decedent's assets, such as a bank or brokerage, or used to collect debts owed to the decedent, upon showing a certified death certificate of the decedent along with this duly completed and signed affidavit.

Notary Public:

State of Alabama
County of ________________________

On this day, ____________________, before me, _______________________, a notary public, personally appeared ________________________, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I have hereunto set my hand and official seal.

_____________________________________
Notary Public
My Commission Expires: ________________

File Specifications

Fact Name Details
Definition The Alabama Small Estate Affidavit is a legal document that allows heirs to claim assets of a deceased person without going through formal probate proceedings.
Governing Law This form is governed by Alabama Code § 43-2-690 through § 43-2-694.
Eligibility The estate must have a total value of $25,000 or less, excluding certain exempt assets.
Exempt Assets Exempt assets include life insurance proceeds and retirement accounts, which are not included in the estate's total value.
Filing Requirement The affidavit must be filed with the probate court in the county where the deceased resided at the time of death.
Heir Qualifications Only heirs or beneficiaries named in the will, or those who would inherit under state law if there is no will, can use the affidavit.
Signature Requirement The affidavit must be signed by the heirs and notarized to be considered valid.
Time Limit There is no specific time limit to file the affidavit, but it is advisable to do so soon after the death.
Asset Distribution Once the affidavit is accepted, heirs can distribute the assets according to the deceased's wishes or state law.
Cost Filing fees may apply, and these can vary by county in Alabama.
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