What Is an Heirship Affidavit in Alabama?
An heirship affidavit is a sworn statement that identifies the legal heirs of a person who dies without a will. In Alabama, probate courts accept these affidavits to distribute certain estate assets without formal administration, especially in small estates under $50,000. It also helps transfer real property titles when no will exists.
When Can You Use an Heirship Affidavit?
Under Code of Ala. § 43-2-240, you can use an affidavit of distribution for small estates meeting these conditions:
- The decedent owned only personal property valued at $50,000 or less.
- The decedent died intestate (without a valid will).
- No real property requires formal probate.
Title companies and county offices may also accept heirship affidavits to clear property titles when no will is filed.
Steps to Prepare an Heirship Affidavit
- Check Eligibility: Confirm the estate meets small-estate limits or property-transfer needs.
- Gather Decedent Information: Full legal name, date and place of death, last residence, and marital status.
- Identify Heirs: List each heir’s full name, relationship, date of birth, and current address.
- Select Affiants: Choose at least two disinterested individuals who knew the decedent and family history.
- Draft the Affidavit: Use a form from the probate court or prepare a document that includes all required details and an oath.
- Notarize Signatures: Affiants sign the affidavit in the presence of a notary public.
- File with Probate Court: Submit the original affidavit to the probate court in the county of the decedent’s domicile.
- Obtain Certified Copies: Request certified copies for use with banks, the county probate office, or the title office.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Alabama to address your specific situation.
Helpful Hints
- Obtain a certified copy of the decedent’s death certificate before drafting the affidavit.
- Verify there is no valid will on file by checking with the probate court.
- Prepare a simple inventory of assets to ensure they fall under small-estate limits.
- Choose affiants who are at least 18 and have personal knowledge of the decedent’s family.
- File early—the probate court may have local deadlines and fee requirements.