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.
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.
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:
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.
___________________________________ 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: ________________
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