Alabama Small Estate Affidavit

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Frequently Asked Questions

Can the Alabama Small Estate Affidavit be notarized online?

Yes. Online notarization of the Alabama Small Estate Affidavit is completely legal and secure. Your documents can be notarized online in minutes through the Notarize Network, starting at $25.

What are the requirements for the Alabama Small Estate Affidavit?

In order to file an Alabama small estate affidavit, the estate must have a total value smaller than the state-imposed minimum, which is currently $34,611. All heirs, including the decedent’s spouse and surviving family, must be identified and notified. The affiant, who is usually one of the heirs, must file the form with the Judge of Probate in the county where the decedent died. Additionally, the estate must be eligible, all heirs must be contacted, any remaining obligations must be settled, and the affidavit form must be filled out, signed, and filed with the probate court. While there are no direct statutes regarding signing requirements, the form is typically notarized or proved by two witnesses. Finally, a notice of the filing for a petition for summary distribution must be published in a newspaper of general circulation in the county where the decedent lived, and no distribution may occur until at least 30 days have passed from the time of publication.

What else do I need to know about the Alabama Small Estate Affidavit?

Here are additional resources for the Alabama Small Estate Affidavit that may be helpful:

Judge of Probate §43-2-692(4)§ 43-2-692(B)(1)§ 43-2-692(8)Petition for Summary Distribution (§ 43-2-692)Local Probate Court

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