Anniston, AL asked in Banking and Probate for Alabama

Q: What is the waiting period for a deceased persons bank funds to be released to the heir in AL with affidavit of heirship

Filed affidavit of heirship notarized with death certificate with the bank and they say they're holding for 60 days... Doesn't seem correct... What is the current waiting period in Alabama?

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: It is actually 60 days. The affidavit for small accounts is governed by the banking code. The relevant section is below:

“Section 5-5A-39

Disposition of small deposits of deceased person - Time for payment; when payment prohibited.

No payment shall be made pursuant to Section 5-5A-38 by the bank before the lapse of 60 days from the date of the death of the deceased, and no payment shall be made by the bank under this section if letters testamentary or of administration have been issued to a personal representative or a proceeding is pending in the court in this state which would have jurisdiction of the administration of the estate. The bank shall be fully protected by requiring an affidavit by some reputable citizen as to the facts specified.“

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