How to Decide Which Assets to List on an Alabama Small Estate Affidavit

Short answer: List every asset that is part of the decedent’s probate estate (property titled solely in the decedent’s name) and give a reasonable description and the fair-market value as of the date of death. Do not leave lines blank — if an asset category does not apply, write “none” or “0” and explain if needed. Exclude assets that pass automatically outside probate (for example, joint tenancy property, payable‑on‑death accounts, beneficiary‑designated life insurance and retirement accounts, or assets owned by a revocable trust) but note them on the affidavit so the court can see you considered them.

Detailed answer — what to list, what you can leave blank, and why it matters

Alabama’s small estate affidavit procedure is a simplified way to collect and transfer certain assets after someone dies. Many courts limit small estate affidavits to personal property (not real estate) and to estates under a statutory dollar threshold. Exact requirements and permitted values vary, so confirm the rules with the probate court in the decedent’s county or with an attorney before you file. For official court forms and local instructions, start at the Alabama Judicial System: https://judicial.alabama.gov/.

When you prepare the affidavit, focus on whether an asset is part of the probate estate (i.e., property that must go through probate to transfer title) or is nonprobate (passes automatically or by contract). The affidavit should show the court exactly which assets are being claimed and why the affidavit procedure applies.

Assets you should list (include these if they are only in decedent’s name)

Bank and brokerage accounts held solely in the decedent’s name. Provide account numbers, institution names, and balance as of date of death. If the account had a payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary, note that instead (and typically do not include the account as probate property).
Cash and cash equivalents (safebox contents, cash on hand) — estimate fair value as of death.
Household goods and personal effects (furniture, jewelry, clothing) — give general descriptions and estimated total value or per‑item values for high‑value items.
Vehicles titled only in the decedent’s name. Include make/model, VIN, and title information. Some counties/DMVs use a separate motor‑vehicle transfer process; check local rules.
Small business interests or accounts receivable that are in the decedent’s name alone.
Accounts receivable or unpaid wages owed to the decedent at time of death.

Assets you typically do NOT list as probate assets (but you should state their existence)

Joint tenancy or tenancy by the entirety property — these usually pass automatically to the surviving owner. Do not include them as probate property, but note them on the affidavit (describe the co‑owner and title) so the court sees you have reviewed them.
Payable‑on‑death / Transfer‑on‑death accounts — list the account and the named beneficiary, and explain that the listed beneficiary is the payee.
Life insurance and retirement accounts with named beneficiaries — these pass by beneficiary designation and are not part of probate; still identify them and list beneficiaries and policy/account numbers.
Property held in trust — trust assets are administered under trust law, not probate; identify the trust if one exists.
Real property (real estate) — many Alabama small‑estate procedures apply only to personal property. If the estate includes real estate, the small estate affidavit may not be the proper method to transfer that property. Confirm with the probate court.

What to do if you don’t know a value or you have nothing to report

If an asset exists but you cannot determine the value, write “unknown — estimate pending” or provide a good‑faith estimate and explain how you arrived at it (bank statement, appraisal, recent sale of similar item).
If a category does not apply, write “none” or “0.” Do not leave a line blank. Blank lines can lead a clerk or a third party to assume you intentionally omitted something or to require you to re‑file.
For high‑value items you list as “0” without explanation, be ready to document why the value is zero (e.g., an account drained before death or a vehicle destroyed). Incorrectly understating value can create personal liability.

Why full disclosure matters

When you sign an affidavit you swear under penalty of perjury that the information is true. Failing to list probate assets (or misstating values) can expose the affiant to civil liability from heirs and creditors and possible criminal penalties for false statements. Listing nonprobate assets but clearly identifying them prevents confusion and shows the court you checked whether those assets needed probate administration.

Practical checklist — how to prepare the affidavit

Get multiple certified copies of the death certificate.
Collect account statements, titles (vehicle/boat), deeds, insurance policies, retirement account statements, and any beneficiary designations.
Make a simple inventory: item, brief description, owner (sole name, joint with), and value as of date of death.
For each bank/financial account, determine whether a beneficiary or POD/TOD designation exists.
If real estate or complicated assets exist, consult the probate clerk or an attorney before using a small estate affidavit.
Fill every line on the affidavit. Use “none,” “0,” or “N/A” where appropriate; add brief explanatory notes if needed.
Sign the affidavit in front of the required official (notary public or court clerk) and file it with the probate court or present it to the third party (bank) you need to collect from.

When to get legal help

If any of the following apply, you should talk to a probate attorney before relying on a small estate affidavit:

The estate includes real property or business interests.
The total probate estate value might exceed the state’s small‑estate threshold.
There are disputes among heirs, or you expect creditor claims.
Significant life‑insurance or retirement assets appear to be payable to the estate rather than to named beneficiaries.

Helpful hints

Do not leave fields blank — write “none,” “0,” or “unknown” and add a note if necessary.
Distinguish clearly between probate and nonprobate property. If unsure, state your basis for treating an asset as nonprobate (e.g., “account XYZ — POD to Jane Doe”).
Keep documentation: bank statements, title certificates, beneficiary forms, and receipts you relied on to estimate values.
Use conservative, supportable values — courts prefer reasoned estimates to wild guesses.
Check the local probate court’s small estate affidavit form and instructions before you file. Start at the Alabama Judicial System: https://judicial.alabama.gov/.
If a financial institution asks for additional proof, ask the clerk or an attorney whether those demands are reasonable or if the creditor’s rights or the estate’s size justify a formal probate.

Where to look for official guidance

Start with the probate clerk in the county where the decedent lived. The Alabama Judicial System website is the central online resource for court rules and forms: https://judicial.alabama.gov/. For legislative background and the Alabama Code, visit the Alabama Legislature: https://www.legislature.state.al.us/.

Disclaimer: This article explains general principles and common practice. It is not legal advice, does not create an attorney‑client relationship, and may not reflect the most recent changes in Alabama law. For advice about your specific situation, contact a licensed Alabama probate attorney or the local probate court.