Alabama Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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However, an affidavit of heirship is a legal document that can transfer ownership of real property from a decedent to heirs without the property going through probate. Probate costs money, so these documents can be a less costly way for heirs to transfer real property.
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?.
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.
An Alabama small estate affidavit allows heirs of an estate to distribute its assets and bypass the probate process.
Heirs who inherit land intestate (without a will) own it as tenants in common. 5 Tenants in common each own an undivided interest in the whole parcel of land, which means that none of the heirs can claim any specific piece of land. As tenants in common, each heir has equal rights to use and occupy the land.
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.
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.