Small Estate Affidavit

What is Small Estate Affidavit?

A Small Estate Affidavit is a legal document that allows for the efficient transfer of property to heirs when a person passes away without leaving a will. It is a simplified probate process that can be used when the value of the estate falls below a certain threshold, which varies by state. The Small Estate Affidavit can help streamline the transfer of assets without the need for a lengthy and costly probate process.

What are the types of Small Estate Affidavit?

There are different types of Small Estate Affidavits available, depending on the state in which the deceased person resided. These include:

Affidavit for Collection of Personal Property
Affidavit for Collection of Real Property
Affidavit for Collection of Personal Property under a Certain Value

How to complete Small Estate Affidavit

Completing a Small Estate Affidavit requires attention to detail and adherence to state-specific instructions. Here is a general guide on how to complete a Small Estate Affidavit:

01
Gather necessary information about the deceased person's assets and liabilities.
02
Fill in the required information on the Small Estate Affidavit form, such as the deceased person's name, date of death, and description of the property.
03
Obtain necessary supporting documents, such as a death certificate, to accompany the Small Estate Affidavit.
04
Sign the Small Estate Affidavit in the presence of a notary public or other authorized personnel.
05
Submit the completed Small Estate Affidavit and supporting documents to the appropriate probate court or government agency for review and approval.
06
Upon approval, the assets can be transferred to the rightful heirs as mentioned in the Small Estate Affidavit.

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Questions & answers

Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $350.
Once signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
Legally, you are not required to have the affidavit notarized BUT many institutions will ask you to, so it is a good idea to notarize it before you try to use it to transfer the property. 4. If there are other people entitled to inherit the property, they MUST also sign the affidavit.
If seeking personal property, it is not necessary to file the small estate affidavit with the court. Instead, give the completed, signed, notarized form to the person or entity holding the asset to be transferred.
Real or personal property that the person who died owned with someone else (joint tenancy) Property (community, quasi-community, or separate) that passed directly to the surviving spouse or domestic partner. Life insurance, death benefits, or other assets not subject to probate that pass directly to the beneficiaries.
An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.