In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Alabama, the law provides for a simplified process for administering small estates. If an estate's value does not exceed a certain threshold, which is currently set at $25,000, excluding the value of certain non-probate assets, it may qualify for the small estate administration process. To utilize this process, an affidavit can be filed by the successor(s) after 30 days have passed since the decedent's death. This affidavit must be signed by the successor(s) and two disinterested witnesses. The affidavit allows the transfer of the decedent's property without the need for formal probate proceedings. Additionally, Alabama law permits the use of a summary distribution procedure for real property when the value does not exceed a certain amount and certain conditions are met. It is important to consult with an attorney to understand the specific requirements and to ensure that the small estate process is appropriate for a given situation.