Detailed Answer
In Alabama, a small estate affidavit lets heirs collect certain estate assets without a full probate if the personal property does not exceed $100,000 and the real property does not exceed $50,000 in value. This procedure is governed by Alabama Code §43-2-675 and related sections. To prepare and file a small estate affidavit, you will generally need the following documents:
- Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the Alabama Department of Public Health: alabamapublichealth.gov/vitalrecords. - Small Estate Affidavit Form
Use the statutory form titled “Affidavit for Disposition of Personal Property” under Ala. Code §43-2-675. Complete it with details of the decedent, affiant, heirs, and assets. - Inventory and Appraisement
A schedule listing all personal property, its fair market value, and net value. Bank statements, brokerage statements, or written appraisals support these values. - Proof of Asset Values
Documentation such as recent bank or investment account statements, titles for vehicles, or other appraisal records. - Copy of the Last Will and Testament (if applicable)
Provide a photocopy of the decedent’s will. If there is no will, the estate will be treated as intestate and distributed per Ala. Code §43-8-1. - Affidavit of Heirship (if intestate)
A sworn statement by two disinterested witnesses identifying heirs and their relationship to the decedent. - Photo ID of the Affiant
Valid government-issued identification (driver’s license or state ID) to verify the person signing the affidavit. - Petition for Appointment of Special Administrator (if real property is involved)
If the estate includes real property valued under $50,000 or annual rents under $1,000, file a petition under Ala. Code §43-2-670 to become Special Administrator. - Oath of Special Administrator
A sworn oath form, usually provided by the probate court, to be taken before a probate judge or clerk. - Letters of Special Administration
Once appointed, the court issues letters granting authority to collect and distribute the estate assets.
Key Statutes:
- Ala. Code §43-2-675 (Affidavit for Disposition of Personal Property): codes.findlaw.com/al/title-43-estates-and-trusts/al-code-sect-43-2-675.html
- Ala. Code §43-2-670 (Appointment of Special Administrator): codes.findlaw.com/al/title-43-estates-and-trusts/al-code-sect-43-2-670.html
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Helpful Hints
- Verify asset values with up-to-date statements to avoid errors in the inventory.
- Obtain certified death certificates early—courts often require multiple copies.
- Check with your local probate court for any additional county-specific forms or requirements.
- If real property is included, confirm the county threshold for small estate administration.
- Keep copies of every filed document and court stamp for your records.
- Consider legal assistance if the estate’s total value approaches statutory limits or if disputes arise.