Detailed Answer

Short answer: In Alabama, you typically prepare a sworn affidavit that identifies the decedent, lists the decedent’s personal property and its approximate value, states that the value of the decedent’s personal property subject to administration falls within the small‑estate threshold, and certifies who is entitled to possession. You must sign the affidavit under oath before a notary and present it to the holder of the property (for example, a bank or title agency) or file it with the probate court when required. Exact steps and requirements can vary by county and by the type of property (bank account, vehicle title, life insurance proceeds, etc.), so check the local probate court and the controlling Alabama statutes (see Title 43 of the Code of Alabama).

What law governs small estates in Alabama?

Alabama’s probate rules and small‑estate procedures are found in Title 43 of the Code of Alabama (Probate Code). For statutory language, see the Code of Alabama, Title 43 (Probate Code):
https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm. Because the Code is updated periodically, confirm the current provisions and any local court rules before you act.

Step‑by‑step: How to prepare and submit a small‑estate affidavit for personal property

Confirm you qualify as an affiant. Typically the person entitled to the property (an heir, devisee, surviving spouse, or personal representative) may make the affidavit. If the decedent left a will, the named personal representative or executor may have priority.
Check the small‑estate rules and dollar limits. Alabama’s Code and local probate practice determine whether an affidavit may be used for a particular estate and for what property. Courts and banks sometimes have different internal thresholds. Confirm the current statutory limits and your probate court’s procedures before preparing the affidavit (see link above).
Gather supporting documents. Typical documents include a certified copy of the decedent’s death certificate, account statements (bank, brokerage), vehicle title information, life insurance policy or beneficiary info, and any will (if available).
List and value the personal property. Prepare a clear schedule of the decedent’s personal property you seek to claim (cash, bank accounts, vehicles, personal effects, household goods, stocks/bonds, etc.). Use account balances as of the date of death or approximate fair market values. Do not include real property unless local law specifically allows a small‑estate procedure for real estate—usually it does not.
Draft the affidavit. The affidavit should state: the decedent’s name and date of death; that no administration is pending in the probate court (or identify the file number if one exists); that the total value of personal property subject to the affidavit falls within the small‑estate threshold; the affiant’s relationship to the decedent and entitlement to the property; an itemized list of the assets being claimed; and a statement that the affiant will deliver any property to persons entitled to it. The affidavit must be sworn under oath and notarized.
Notarize and file or present the affidavit. Some holders of property (banks, brokerages, motor vehicle title offices) will accept the notarized affidavit and a certified death certificate and release the property. In other cases the probate court may require you to file the affidavit or obtain a court order. Follow the instructions of the party holding the asset or the local probate court.
Serve or notify interested parties if required. Some statutes or local rules require notice to heirs, beneficiaries, or creditors, or a waiting period before distribution. Even when not formally required, notifying close heirs reduces later disputes.
Keep records. Keep copies of the affidavit, death certificate, account statements, correspondence with holders, and any court filings or orders. If you receive funds, provide receipts or a short accounting to other heirs if appropriate.

Special rules for certain types of personal property

Banks and brokerage accounts: Many banks will release funds on production of a certified death certificate and a small‑estate affidavit. Banks may have their own forms and dollar limits.
Vehicle titles: For transfer of motor vehicle titles, follow the Alabama Department of Revenue Motor Vehicle Division procedures. See: https://www.revenue.alabama.gov/motor-vehicle/.
Life insurance and retirement accounts: These often pass to named beneficiaries and do not require a small‑estate affidavit; contact the plan or insurer for their required forms.
Real property: Small‑estate affidavits generally do not transfer title to real estate. Real property typically requires probate administration, a transfer by deed, or a specific statutory procedure.

What the affidavit does not do

An affidavit for small personal property does not usually discharge creditor claims against the estate. Creditors may still have rights to collect against estate assets. Also, if another person objects, the holding institution or the probate court may require formal probate proceedings.

Sample affidavit headings and clauses (illustrative only)

Below is a simplified, illustrative outline of typical clauses you will see in a small‑estate affidavit. This is for education and drafting guidance only—not a required or complete form:

Affiant identification: name, address, relationship to decedent.
Decedent identification: full name, date of death, last residence.
Statement whether a will was left and whether an administration is pending.
Statement that the value of decedent’s personal property subject to this affidavit falls within the statutory small‑estate limit.
Itemized list of personal property claimed and approximate values.
Declaration that affiant is entitled to possess or collect the property (state basis: heir, spouse, beneficiary, executor).
Oath clause: language stating the affiant swears under penalty of perjury this information is true.
Notary block with signature and date.

When to file with the probate court

Some situations require filing the affidavit with the probate court (for example, to obtain a court order directing transfer, or when the asset holder requires a court certified copy). Other times, you simply present the affidavit to the bank or holder and they release the asset. Check local probate court rules or ask the holder what they accept.

When to consult an attorney

Consult an attorney if there is any dispute among heirs, unclear entitlement, complex assets (business interests, securities), uncertain valuation, large creditor claims, or if the holder refuses to accept the affidavit. If the estate includes real property, or if the small‑estate limit is exceeded, you likely need formal probate and an attorney’s help.

Helpful statutory and agency links

Code of Alabama (Title 43, Probate Code) — start here for the statutory framework: https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm
Alabama Department of Revenue — Motor Vehicle Division (vehicle title procedures): https://www.revenue.alabama.gov/motor-vehicle/
Alabama Judicial System — general court contacts and resources: https://judicial.alabama.gov/

Disclaimer

This article explains general information about small‑estate affidavits in Alabama and is not legal advice. Laws and court practices change. For guidance about your specific situation, contact a licensed Alabama attorney or the local probate court.

Helpful Hints

Start by calling the local probate court clerk and the holder of the property (bank, title office) to ask what documents and forms they accept.
Obtain multiple certified copies of the death certificate early—they are commonly required by banks and agencies.
Prepare a clear, dated inventory of personal property with account numbers and balances as of date of death.
Use plain language in the affidavit. State facts concisely and avoid speculation.
Keep everyone likely to inherit informed in writing to reduce later disputes.
If a bank refuses to release funds, ask for the reason in writing; you may need a court order or to open a limited probate estate.
Do not sign an affidavit until you can swear under oath that the facts are true; false statements may lead to criminal penalties.
When in doubt about values, complex assets, or contested inheritances, consult a probate attorney before distributing property.