What is Alabama's small estate affidavit?
Alabama's small estate affidavit — authorized under Alabama Code § 43-2-692 — allows heirs to collect a deceased person's assets without going through formal probate court when the total value of the probate estate is $25,000 or less. It is one of the simplest and fastest ways to settle a small estate in Alabama.
Requirements — when you can use it
You can use the small estate affidavit in Alabama only when all of these conditions are met:
- The total value of the deceased person's probate assets is $25,000 or less
- At least 30 days have passed since the date of death
- No probate proceeding has been filed or is pending in any court
- You are a successor — a person entitled to inherit the assets under the will or Alabama intestate succession law
| Counts toward limit | Bank accounts with no beneficiary, personal property, vehicles with no joint owner, cash |
| Does NOT count | Life insurance with named beneficiary, retirement accounts with named beneficiary, jointly owned property, assets in a trust |
How to use the Alabama small estate affidavit — step by step
Wait 30 days from the date of death
Alabama law requires a 30-day waiting period before the affidavit can be used. This gives time for any debts or claims to surface.
Calculate the total probate estate value
Add up all assets that would go through probate — bank accounts with no beneficiary, personal property, vehicles, etc. If the total is $25,000 or less, you may proceed.
Prepare the affidavit
The affidavit must state: that you are entitled to the assets, that the estate qualifies (under $25,000), that 30 days have passed, that no probate is pending, and a description of the assets you are claiming. Alabama does not have one official state form — the Madison County Probate Court or an attorney can provide an appropriate form.
Sign the affidavit before a notary
The affidavit must be notarized. Most banks, UPS stores, and public libraries have a notary on staff.
Present the affidavit to asset holders
Take the notarized affidavit — along with a certified copy of the death certificate — to the bank, employer, DMV, or other institution holding the assets. They are legally permitted to release assets to you upon presentation.
Limitations of the small estate affidavit
The small estate affidavit does not work for:
- Real estate — property titled in the deceased's name alone requires probate regardless of value
- Estates over $25,000 in probate assets
- Situations where there are known creditor disputes
- Estates where there is disagreement among heirs about who is entitled to what
If real estate is involved, the estate will generally need to go through the Madison County Probate Court regardless of total estate value.