Alabama Small Estate Affidavit | Affidavit of Heirship

Download a small estate affidavit or affidavit of heirship in order to settle an individual’s property after they have passed in the situation that they did not create a will.

Heirship Laws – An affidavit that is mostly used by a family member or spouse of someone who has died and would like to transfer property (usually real estate) and bypassing the probate process. This form is typically signed by the remaining family member(s) along with two (2) witnesses that knew the decedent.

Small Estate Laws – Used under 43-2-692 which states that the assets of a deceased person may bypass the probate process by filing this form to a County Probate Judge in the area where the deceased resided while living. The amount of all assets collectively must be less than $32,047 (figure adjusted for inflation).



The Alabama affidavit of heirship is a form that may be used when a loved one dies and a person is the rightful heir and chooses to bypass the probate process in order to obtain possession of real estate. This form may only be used by family member(s) or a…

The Alabama small estate affidavit form is a document that can be used if a spouse or family member passes and there is less than $32,047 (figure adjusted for inflation) of total worth of assets in their estate and no will was made on the part of the decedent. Therefore…