Small Estate Affidavit in Alabama

Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged.

The main simplified option is summary distribution under the Revised Alabama Small Estates Act (see small estate). A will can also excuse the executor from filing an inventory, reports or a final settlement unless an interested person shows their interest is at risk or the judge finds the estate may be wasted.

Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred.