PDF
Word
Affidavit of Small Estate Form
What Is a Small Estate Affidavit?
An Affidavit of Small Estate is a legal document used to manage the deceased person's property and assets when they are small enough so that a traditional and long probate process is not required. The maximum amount defining a small estate varies from state to state - the states indicate the maximum estate value between $10,000 and $200,000, and any estate worth more than this amount must go through the time-consuming and costly probate process.
Use the Small Estate Affidavit in the following circumstances:
- Your family member has died without leaving a proper will and you want to finalize their estate matters, determine how the assets will be distributed, and pay off the debts of the deceased;
- You were appointed the executor of an estate or the personal representative of a deceased individual who owned an estate considered small according to the law and named you in their will as the conservator or guardian of the estate.
If you are looking for a Small Estate Affidavit Form, you can download one through the link below.
How to Fill Out a Small Estate Affidavit?
Follow these steps to complete a Small Estate Affidavit:
- Write down the name of the deceased, the state, county, and city where they died, and the date of death. The date of death is verified by a copy of the death certificate.
- Identify yourself and add your mailing address.
- Enter the number of days that have passed since the estate owner died. You may be required to wait a certain period of time - between 15 and 60 days - before you may file this affidavit.
- Name all surviving heirs of the deceased individual and record their contact information. Heirs include family members and spouses that may claim ownership of the deceased's assets.
- List all the assets from the deceased's estate and their monetary value. Add all the retirement benefits and life insurance benefits paid to the estate.
- Specify the outstanding funeral expenses if they have not been paid in full.
- Describe the wishes of the deceased regarding the possessions that must be left to their heirs.
- Sign and date the affidavit in the presence of a notary public.
How to File a Small Estate Affidavit?
Here is how you file an affidavit to manage a small estate:
- Contact your local court office and learn about the court's limits for the value of the estate.
- Complete the affidavit and notarize it to make it valid.
- Get a death certificate. The health department should send a copy of the death certificate to you; if that did not happen, request a copy by mail or in person.
- Obtain supplemental documents - proof that the deceased induvial owned the property described in the affidavit and the appraisal report of this property if necessary.
- Go to the court with the affidavit, birth certificate, and other supporting documents to submit them or mail the documentation to the court clerk. You will also need to present proof of your identity (state ID, driver's license, or passport).
How to Get a Small Estate Affidavit?
You can download an affidavit for collection of personal property here or make an appointment with a court clerk from your local court to ask them if there are any particulars regarding the management of small estates in your area. By obtaining this affidavit, you will avoid the formal probate process and facilitate the transfer of all the assets and property that qualify as a small estate to the rightful heirs and intended beneficiaries of the deceased individual.
Related Forms and Topics:
Download Affidavit of Small Estate Form
1
2
3
4
