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Probate is a legal procedure intended to make sure the bills of a deceased individual (“decedent”) have been paid, and the people entitled to inherit their assets - whether by will (“testate”) or without a last will and testament (“intestate”) - receive those assets.
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$30,000 if spouse is the ONLY person to inherit the estate $50,000 if spouse/partner in a civil union/domestic partner is the ONLY person to inherit the estate $100,000 if spouse is the ONLY person to inherit the estate $10,000 (of cash given by a financial institution) If the total value of all assets to be distributed is larger than the maximum value listed, then you cannot use a small estate affidavit. In addition, all states have a limit on the total value of assets ( maximum allowance). In some states, real property and/or motor vehicles cannot be transferred using a small estate affidavit. This document will help you take possession of assets that may rightfully belong to you upon the deceased’s death while avoiding a lengthy probate process. How Do I Fill Out a Small Estate Affidavit?Ī small estate affidavit, also known as an affidavit for collection of personal property, is a legal document that allows a person to receive property belonging to a deceased individual.When Should You Use a Small Estate Affidavit?.In addition, some states only allow the use of a small estate affidavit if the person died without a will, so be sure you check your state’s requirements below before you begin creating your affidavit. Small estate affidavits are used to avoid what’s known as the probate process, which can be long and costly.Īn estate is only considered “small” if the deceased’s assets are valued below a certain amount, which differs from state to state. (855) 335-9779 Monday-Friday, 9AM - 7PM EDTĪ small estate affidavit is a legal document that contains a sworn statement allowing someone to legally claim the assets of someone who has died.