Alabama Small Estate Affidavit Form

• Maximum Amount: $47,000^[1], and the estate cannot include real estate.^[2]
• Signing Requirements: Must be “verified”^[3], but is recommended to be notarized.
• Where to File: At the local Probate Judge’s Office where the decedent was a resident.^[4]
• When to File: Immediately after the decedent’s death.^[5]
• Survivor Requirements: Any rightful heir must survive the decedent by 5 days (120 hours).^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives 100% of the estate^[7], except if the decedent had children who were not shared with the surviving spouse. In such a case, the spouse receives half, and the children split the other half.^[8]
• No Spouse, Children: The children split the estate equally, even if there are surviving parents.^[9]

Step 1 – Gather Required Documents

The rightful heirs must gather the following documents:

• Proof of Death: A death certificate is recommended.
• Itemized List of Assets: An itemized list of all the estate’s assets and their value.
• Proof of Marriage (if applicable): A marriage certificate is recommended.
• Will (if applicable): If a will exists, an original or copy must be produced.
• Funeral Expenses (if applicable): Receipts or invoices for any expenses, paid or unpaid.^[10]

Step 2 – File a Petition for Summary Distribution

The Petition for Summary Judgment, along with the required documents, must be filed at the Probate Judge’s Office in the county where the decedent resided.^[11]

Step 3 – Publish Notice in a Local Newspaper

A publication must be made in a newspaper of general circulation in the county where the petition was filed. If there is no newspaper, the petitioner must post in the local county courthouse for at least one week.^[12]

30 days must have elapsed after publication.^[13]

Step 4 – Notify Alabama Medicaid

• Online Filing (instructions)
• Paper Application (PDF)

The petitioner, not the court, must notify Alabama Medicaid of the decedent’s death and the estate’s distribution. After submission, a serialized certificate will be displayed, which is recommended to be downloaded and saved.

The Alabama Medicaid office states that all filings are processed 30 days from the date of receipt.^[14]

Step 5 – Summary Distribution of the Estate

When all of the conditions above are met, the judge of probate will enter an order directing summary distribution of the estate to each person identified in the petition.^[15]

This order will be final and conclude all matters related to the estate.^[16]