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Unlike some states, Alabama does not currently allow the use of TOD deeds for real estate. Instead, other instruments such as joint tenancy or revocable living trusts are typically used to avoid probate when transferring real estate upon death.
A ?small estate? contains personal property only (no real estate) and does not exceed an amount (originally $25,000) annually adjusted for inflation. The amount is $30,608.00 for 2021 and is increased each year.
Step 1: ? Verify that the estate is eligible. This will include identifying and valuing all of the decedent's property to make sure it falls below the state maximum. ... Step 2 ? Contact all the Heirs. ... Step 3 ? Settle any remaining obligations. ... Step 4 ? Fill out, sign, and file the affidavit form.
Examples of probate assets include real estate owned only by the decedent, bank accounts in the name of the decedent, and life insurance policies that fail to name a beneficiary or are payable to the estate.
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.
Step 1: ? Verify that the estate is eligible. This will include identifying and valuing all of the decedent's property to make sure it falls below the state maximum. ... Step 2 ? Contact all the Heirs. ... Step 3 ? Settle any remaining obligations. ... Step 4 ? Fill out, sign, and file the affidavit form.
Most states have a ?small estates? rule that allows you to avoid probate entirely, as long as the estate value doesn't pass a certain threshold. In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.
Alabama permits the distribution of small estates via a streamlined estate process called summary distribution. A spouse or inheritor must petition the local probate court requesting that it use the simplified procedure for this case.