Alabama Affidavit of Heirship for House
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FAQ
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate.
A surviving spouse can inherit through a last will & testament or if there is none, under Alabama intestacy laws. If there is no will and the deceased person also had children, the spouse and the children can inherit.
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.
If transfer involves a deceased owner and owner's estate has not and will not be probated, then the individual signing on behalf of deceased owner's estate must provide a Next of Kin Affidavit (MVT 5-6) and a copy of the deceased owner's death certificate.
Given that real estate cannot be transferred via a TOD deed in Alabama, a different estate planning instrument would be necessary for such assets.
To transfer ownership from the deceased owner, the surviving owner must bring in the original title and original death certificate of deceased owner for transfer of title. If the names are joined on the title with ?and? or nothing separating the names, it is presumed by the state to be ?AND?.
Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.
An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.