How to Fill Out and File an Alabama Small Estate Affidavit

To use Alabama’s small estate affidavit, you file a sworn petition for summary distribution with the probate court in the county where the decedent lived, list the heirs and personal property, confirm that debts and funeral expenses have been handled, publish notice in the local paper, send certified-mail notice to the Alabama Medicaid Agency, and wait out two 30-day periods before the judge signs an order directing the transfer of assets. The process lives in the Revised Alabama Small Estates Act at Alabama Code § 43-2-691 through § 43-2-696. It is faster and cheaper than full probate, but only if the estate qualifies and you follow each step in order.

Confirm the Estate Qualifies

Five conditions must all be true before you can use summary distribution. Miss one and you need regular probate.

The total value of the decedent’s personal property cannot exceed the annually adjusted small estate cap. From March 1, 2025 through February 28, 2026, the limit is $37,075. The State Finance Director adjusts the figure each year for inflation and notifies every probate judge; if you are filing on or after March 1, 2026, call your county probate court for the current number.¹
The decedent can own no real property at death, except real property whose title passes by operation of law (such as a home held jointly with right of survivorship). Any solely owned real estate takes this process off the table.²
The decedent cannot be survived by a minor child who is not also the child of the surviving spouse. One child under 19 from a prior relationship disqualifies the estate regardless of size.²
The decedent must have been domiciled in Alabama, in the county where you file, at the time of death.³
No one can have already petitioned to appoint a personal representative, and no such appointment can already be in effect.³

Any person entitled to a share of the estate, or someone authorized to act on their behalf, can file. In practice the surviving spouse files first; if there is no surviving spouse, one or more distributees file.⁴

Gather the Information and Documents the Petition Requires

The petition is sworn, meaning you sign it under oath. Collect everything before you start the form; missing items are the most common reason filings get bounced.

Decedent and Heirs

You need the decedent’s full legal name, Social Security number, date of death, and county of domicile. List every person who would receive a share, whether under Alabama intestacy law or under the will, and for each one give their name, current mailing address, age, mental capacity (whether they are 19 or older and of sound mind), and relationship to the decedent.³

If the decedent died without a will and left a surviving spouse, the petition states that the spouse takes the estate. If there was no surviving spouse and no will covering the whole estate, list each heir under Alabama’s descent and distribution statutes and the share each one receives.

Assets and Values

Describe every item of personal property and assign it a value. For bank accounts, give the financial institution and account number. For vehicles, give the make, model, year, and VIN from the title. The listed total must sit below the small estate threshold in effect when you file. Undervaluing items to squeak under the cap can create liability later; overvaluing them can disqualify the petition.

Supporting Documents

You will file two things with the petition.

A certified death certificate. Order one from the Alabama Center for Health Statistics by mail for $15 (extra copies ordered at the same time are $6 each), in person at any county health department, or online through VitalChek at a higher fee. Death certificates less than 25 years old are restricted to immediate family, the estate’s legal representative, or the informant listed on the certificate.⁵

The original will, if one exists. A self-proved will (one with a notarized witness affidavit attached) is accepted without further proof. A will that is not self-proved but appears properly executed on its face may still be accepted, though counties handle this differently.³

Handle the Debts Before You Swear to the Petition

This is where small estate filings most often go wrong. The petition requires you to swear that funeral expenses have been paid (or arrangements for payment from the estate are in place) and that all claims against the estate have been paid or arranged for.³ You cannot skip this and hand assets straight to heirs.

Alabama sets a priority order: funeral expenses first, then probate court fees, expenses of last illness, taxes owed to state or local governments, secured creditors, unsecured lienholders, and finally general unsecured creditors. Only after those are satisfied or arranged for do the remaining assets go to the spouse, children, or other heirs.

If distributions go out while debts remain unpaid, the recipients can be held personally accountable. Anyone who receives property under a summary distribution order is answerable to a personal representative, the surviving spouse, minor children, or any other person with a superior claim.

File the Petition, Publish Notice, and Notify Medicaid

File the signed petition at the probate court in the county where the decedent was domiciled.³ The court filing fee varies by county, generally $50 to $70. Blank petition forms are available at most probate court offices or on their websites.

Newspaper Publication

Notice of the petition must be published once in a newspaper of general circulation in the county. If the county has no such newspaper, notice is posted at the courthouse for one week.³ The probate court gives you publication instructions after accepting the petition. You pay the newspaper directly; the fee is separate from the court filing fee and varies by county and paper.⁴

Notice to the Alabama Medicaid Agency

Alabama law separately requires notice to the Medicaid Agency. Send it by U.S. Postal Service Certified Mail, return receipt requested, to:

Medicaid Agency, Attn: Estate Notice Office
P.O. Box 5624
Montgomery, AL 36103-5624

Immediately after mailing, file an affidavit of certified mailing with the probate court along with a copy of the notice you sent. The return receipt should be addressed to the probate court and reference the case number. No distribution can occur until proof of this notice is on file and at least 30 days have passed since the agency received it.⁶ If the agency offers an electronic submission system, you can use that instead of certified mail, but not both.

Two 30-Day Clocks

The judge cannot sign the order until two separate 30-day periods have run: one from the date of newspaper publication, and one from the date the Medicaid Agency received your notice.³ Submit the Medicaid notice and arrange newspaper publication the same day you file the petition so both clocks start together.

Collect the Assets After the Order Is Signed

Once both 30-day periods have passed and the judge finds the statutory conditions met, the court enters an order for summary distribution that spells out exactly what each person receives. The order is final and conclusive, with appeals following the same process as any other probate court decree.

Take a certified copy to each institution holding the decedent’s property. Banks, credit unions, brokerage firms, and the Alabama Department of Revenue or Department of Motor Vehicles must transfer the asset or its title to the person named in the order. An institution that transfers in reliance on the order is discharged from further liability and does not have to verify the petition.⁴ If one refuses, you can file a court action to compel the transfer.

File the Decedent’s Final Tax Return

Collecting assets does not close out the paperwork. Someone has to file the decedent’s final federal income tax return on Form 1040 for the period from January 1 through the date of death. It is due by April 15 of the following year. Write “Deceased,” the decedent’s name, and the date of death across the top. The surviving spouse, executor, or person in charge of the property signs it.⁷

A separate federal estate tax return is only required when the gross estate exceeds $15,000,000 for decedents dying in 2026, which no small estate will reach.⁷ If the estate earned income after the date of death (interest on a bank balance, for example) and distribution was delayed, a Form 1041 estate income tax return may be needed; check with a tax professional in that situation.

1
Alabama Department of Finance. Small Estate Memorandum 2025
2
Alabama Legislature. Alabama Code 43-2-691 – Definitions
3
Alabama Legislature. Alabama Code 43-2-692 – Petition for Summary Distribution
4
Mobile County Probate Court. Alabama Small Estates Act
5
Alabama Department of Public Health. Death Certificates
6
Alabama Legislature. Alabama Code 43-2-697 – Notice to Medicaid Agency
7
Internal Revenue Service. Estate Tax