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An Alabama small estate affidavit form (typically referred to as a ?Petition for Summary Distribution?), provides the family of a recently deceased person the ability to collect said person's property outside of probate court.
Instead of a small estate affidavit, Alabama allows for distribution of small estates through an abbreviated estate process known as summary distribution. To qualify for summary distribution, the estate must meet the criteria of a ?small estate? as defined by the statute.
How to File (4 steps) Step 1: Verify eligibility. Step 2: Contact all heirs. Step 3: Settle obligations. Step 4: Fill out, sign and file.
The Alabama Small Estates Act was passed in 1979 and amended in 2009. This Act provides a method, through a court proceeding, to distribute personal property of a deceased person in a summary distribution manner to a surviving spouse, or appropriate distributes of the decedent, without full probate administration.
Affidavit of Heirship Same as affidavit, but specifically establishing heirs of a decedent.
The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.
In Alabama, there are several instances where an estate will almost certainly have to be probated. But the process may be avoided if: The value of an estate is under the small estate threshold (see below) There is a Living Trust present.
The Alabama Small Estates Act allows the personal property of a deceased person to be distributed to the surviving spouse or appropriate next of kin through a court proceeding in a summary manner without full probate or administration. Summary distribution makes the passing of a small estate significantly faster.