-
What Is an Alabama Affidavit of Heirship Form?
An Alabama Affidavit of Heirship Form refers to a legal paper to determine who are the heirs and legal owners of a deceased individual with no formal probate started (in the case of his/her real estate). This form is mostly applied when the deceased did not die intestate (with a will), and there is a need to unearth the chain of title to property. Alabama lacks a specific law regarding Affidavit of Heirship; however, the procedure is accepted, as it has its state-specific standards of being legally recorded and accepted.
When Can You Use an Affidavit of Heirship in Alabama?
You can use an affidavit of inheritance AL to handle property transfers when these conditions apply:
-
The deceased person left no valid will.
The estate is not undergoing formal probate.
The only goal is to transfer title to real estate.
The property is located in Alabama.
And if an affidavit is accepted, banks and government agencies could still ask for proof that probate is not required with valuable assets or liabilities.
Key Legal Requirements
To complete and file the Alabama Affidavit of Heirship Form, here is the information you will need:
-
Decedent Details: Name, date of death, last known residence.
Affiant Information: Must personally know the decedent and cannot be a beneficiary.
Marital History: List of all marriages and divorces.
Heirs’ Details: Names of heirs, relationships, contact address, death/living heir.
Property Description: Legal address or parcel number of the real estate.
No Will Statement: Proving that there is no will and probate was not created.
Disinterested Witnesses: One or two who knew the decedent and have no interest in the property.
Notarisation and Recording: This is required in the county records office of land.
What About Small Estate Claims in Alabama?
In Alabama, if the estate includes personal property and falls below a certain value, other options may be more suitable than an affidavit of inheritance AL.
1. Ala. Code § 35-12-84 (Unclaimed Property Claims)
Heirs can submit a sworn affidavit to claim small or abandoned estates, including an agreement among heirs and court verification.
2. Small Estate Act (Ala. Code § 43-2-690 et seq.)
If the estate's value is under $37,075 (as of 2025) and contains only personal property, heirs can file a petition with a family chart, allowing court-directed distribution without full probate.
What Are the Benefits of Using This Form?
-
Is efficient in terms of saving time and money as opposed to probate.
Makes it easy to pass titles to heirs.
Assists in selling or refinance real estate through clearing title.
It can be used when the only considerable asset is real property.
Risks and Limitations
-
Does not pay off current debts or issue of estate taxes.
Not all of the third parties (banks, courts, agencies) might accept it.
When facts are at conflict they can be argued out in court.
It can be used only in simple uncontested estates.
Best Practices in Alabama
-
Legal aid or real estate form websites, will offer state specific forms.
Have at least a disinterested witness execute the affidavit thereof.
Record and notarise the affidavit within the subject property’s county.
Have at least a disinterested witness execute the affidavit thereof.
Ensure that the Small Estate Act process may also be more suitable.
Sample Uses of Alabama Affidavit of Heirship Form
-
Selling inherited property in Birmingham or Mobile.
Transferring ownership of a family home after a relative's passing.
Proving heirship to settle property tax disputes.
FAQs
Q1. Is the Alabama Affidavit of Heirship valid?
Yes, where it is done right (if done, that is), notarised, and filed, it can even be a legal means of heirship and title transfer, although it will be negotiable.
Q2. How do I get a free blank Affidavit of Heirship Form in Alabama?
You can find samples on legal aid websites or request them from your local probate court or attorney.
Q3. Can I use this form to transfer a vehicle in Alabama?
No, vehicle transfers typically require title reassignment through the DMV and may not accept this affidavit alone.
Q4. Are the affidavits to be signed by all the heirs?
Not all, but all of the known heirs should be listed on the affidavit, which should be signed by an interested witness who knew the person who passed away.
Q5. Can I use this form if the estate includes more than just real estate?
Only if you’re addressing real property only. For broader estates, consider the Small Estate petition.