What Is a Small Estate Affidavit? 

A Small Estate Affidavit is a formal statement prepared to handle a small estate of the deceased individual that did not compose a last will and testament before their passing.

Alternate Name: 

  • Affidavit of Small Estate. 

If you want to avoid the probate process and save yourself and other heirs time and money, you can choose this route to settle the estate. Whether you are a legal heir of the person that died or they appointed you as their executor or guardian of their assets, you are entitled to draft a list of assets and heirs and file it with the local probate court to make sure every person named in the affidavit gets their share of the estate.

Small Estate Affidavit by State 

Before you start composing an affidavit to settle a small estate without a will, you need to figure out the legal way to address your case since every situation is unique depending on location and the size of the estate. Below you will see a list of all the states - select an Affidavit of Small Estate Form for the state where the majority of the deceased person's assets are situated and follow the local laws and procedures to make sure the estate is claimed correctly and no interested parties or third parties question the authenticity of your documentation and the validity of the process.

Alabama Hawaii Massachusetts New Mexico South Dakota
Alaska Idaho Michigan New York Tennessee
Arizona Illinois Minnesota North Carolina Texas
Arkansas Indiana Mississippi North Dakota Utah
California Iowa Missouri Ohio Vermont
Colorado Kansas Montana Oklahoma Virginia
Connecticut Kentucky Nebraska Oregon Washington
Delaware Louisiana Nevada Pennsylvania West Virginia
Florida Maine New Hampshire Rhode Island Wisconsin
Georgia Maryland New Jersey South Carolina Wyoming

How Do I Get a Small Estate Affidavit? 

There are different ways to obtain an Affidavit of Small Estate:

  1. Fill out one of the templates above to disclose the information about the assets and debts of the person that passed away. Together with the copy of a death certificate, a document that confirms your identity, and the financial documentation that serves as proof of the estate being real, you can file the affidavit with the probate court in your county. It is allowed to submit the papers in person or by traditional mail. Check the website of your local court - you may even get a chance to send the affidavit online paying a filing fee.
  2. Visit the local probate court and find out the details from the county clerk. If you prefer to use a template you find there and submit the affidavit in person after you get a consultation regarding the relevant regulations, this may be the preferred way for you to deal with the estate.
  3. Make an appointment with a probate lawyer. If you believe it may be difficult for you to complete the affidavit yourself and you still have to reach out to multiple heirs of the decedent, an attorney will help you to handle the situation. While this is the most expensive way to get an affidavit, usually the fee you are charged covers all steps of the way and you can be sure the documentation is submitted correctly by the person who has an authorization issued by you. Moreover, if you are not sure which assets have encumbrances or liens, a legal consultation may be necessary to correctly calculate the value of the estate and be sure it is under the maximum amount established by the state. 

How to Fill Out a Small Estate Affidavit? 

Here is how you need to complete a Small Estate Affidavit Form:

  1. Indicate the name of the deceased individual and their date and place of death. Confirm the attachment of a copy of the death certificate to the affidavit.
  2. State your own name and physical address.
  3. Certify the value of the assets the decedent had in possession at the time of their death does not exceed the limited amount required by the state and record the sum of money in question.
  4. Verify your status of the heir and explain the deceased person has left no will. You must also state the period you were required to wait for after their death has expired - usually, it is around thirty days. 
  5. Enter the names and contact information of every heir of the individual that has passed away. It is necessary to specify their relation to the decedent. Confirm all heirs will be made aware of the affidavit after it is filed via a formal notice. 
  6. List the assets from the estate, write down their value, and add a brief description if necessary. 
  7. Indicate all the liabilities and debts of the decedent, the amount they owed, and the name and contact details of every creditor.
  8. State the names of heirs that have the right to receive certain assets.
  9. Sign and date the affidavit. It should also contain the names and signatures of two impartial witnesses. To protect the interests of heirs known and unknown at the time of drafting the affidavit, you need to obtain a notary seal for the document. A Notarized Small Estate Affidavit will confirm your own identity whether you are an heir yourself or work on behalf of people that want to receive a portion of the estate. 

How Much Is a Small Estate Affidavit? 

The fee for filing a Small Estate Affidavit with a probate court can be different depending on various factors - your location, the number of heirs to be notified and negotiated with, and the value of the estate. Since there are different laws in different states, a deceased individual may have dozens of heirs all over the country and abroad, and the maximum value of the estate considered small varies from state to state, every situation is unique. 

If you believe you need the help of the attorney to cover all the bases and submit an affidavit for you, ask them the approximate fee for their services before they start their work. Usually, the fee ranges from $1,000 to several thousand. However, you may be charged differently by different lawyers - some of them will charge by the hour (for instance, $200 per hour) or ask for a flat fee ($2,000) to handle the case from start to finish.


Still looking for a related template? Take a look at the related templates and forms below:

Documents

47

"Affidavit of Small Estate Form"

Rate (4.6 / 5) 9 votes
Size: 72 KB
4 pages

This form is used to manage the property of a deceased person when their assets are small enough to not require the traditional and long probate process.

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"Small Estate Affidavit Form" - Alabama

Rate (4.4 / 5) 21 votes
Size: 87 KB
8 pages

This template is used in Alabama and is a written statement drafted by the major heir of a deceased person with the intention to get access to the latter's assets promptly without probate.

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Affidavit Form Business

"Small Estate Affidavit Form" - Delaware

Rate (4.5 / 5) 6 votes
Size: 87 KB
8 pages

This type of template is used in Delaware and allows an heir to successfully claim and inherit an estate that they are legally within their right to collect after the passing of an individual.

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Affidavit Form Business

"Small Estate Affidavit Form" - Florida

Rate (4.6 / 5) 8 votes
Size: 86 KB
8 pages

This is a legally binding document used in Florida to settle a small estate in the absence of a will.

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Affidavit Form Business

"Small Estate Affidavit Form" - Iowa

Rate (4.5 / 5) 19 votes
Size: 87 KB
8 pages

This is a formal request used in Iowa by the legal heirs of a person that passed away if the latter did not compose a will and their estate is not greater than the maximum amount prescribed by the state.

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Affidavit Form Business

"Small Estate Affidavit Form" - Massachusetts

Rate (4.5 / 5) 10 votes
Size: 87 KB
8 pages

This is a written form used in Massachusetts to accelerate the settlement of a small estate and avoid a time-consuming probate procedure.

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Affidavit Form Business

"Small Estate Affidavit Form" - Mississippi

Rate (4.4 / 5) 5 votes
Size: 87 KB
8 pages

This is a legal instrument used in Mississippi by the heir or beneficiary of a deceased individual to speed up the small estate settlement.

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Affidavit Form Business

"Small Estate Affidavit Form" - Missouri

Rate (4.7 / 5) 10 votes
Size: 87 KB
8 pages

This is a legally binding document used in Missouri to settle a small estate in the absence of a will.

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Affidavit Form Business

"Small Estate Affidavit Form" - Montana

Rate (4.4 / 5) 25 votes
Size: 87 KB
8 pages

This type of form is used in Montana and gives permission for an heir to successfully claim and collect an estate that they are legally within their right to do after the original owner of that estate has passed away.

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Affidavit Form Business

"Small Estate Affidavit Form" - New Jersey

Rate (4.8 / 5) 8 votes
Size: 88 KB
8 pages

This type of template legally allows an individual to collect a property that they have legally inherited from a decedent in the state of New Jersey.

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Affidavit Form Business

"Small Estate Affidavit Form" - New Mexico

Rate (4.4 / 5) 5 votes
Size: 88 KB
8 pages

This is a legally binding document used in New Mexico to settle a small estate in the absence of a will.

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Affidavit Form Business

"Small Estate Affidavit Form" - Tennessee

Rate (4.6 / 5) 35 votes
Size: 86 KB
8 pages

For residents of Tennessee, this form is a legal document that allows an heir to collect a small estate after an individual has passed away.

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Affidavit Form Business

"Small Estate Affidavit Form" - Texas

Rate (4.7 / 5) 26 votes
Size: 87 KB
8 pages

This form is used in Texas to apply for prompt distribution of the estate of a person that has passed away.

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Affidavit Form Business

"Small Estate Affidavit Form" - Virginia

Rate (4.4 / 5) 11 votes
Size: 87 KB
8 pages

By completing this form in Virginia, an individual is legally allowed to collect an inherited estate and this document will give them the legal authority to become the new owner of the estate.

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Affidavit Form Business

"Small Estate Affidavit Form" - West Virginia

Rate (4.6 / 5) 20 votes
Size: 87 KB
8 pages

This is a legally binding document used in West Virginia to settle a small estate in the absence of a will.

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Affidavit Form Business

"Small Estate Affidavit Form" - Wyoming

Rate (4.7 / 5) 21 votes
Size: 87 KB
8 pages

This is a legally binding document used in Wyoming to settle a small estate in the absence of a will.

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Affidavit Form Business

Form OC-1 "Petition for Adjudication /Statement of Proposed Distribution Pursuant to Pa. O.c. Rule 2.4" - Pennsylvania

Rate (4.8 / 5) 19 votes
Size: 2 MB
11 pages

Form CAO Pb01 "Affidavit Collecting Personal Property of Small Estate" - Idaho

Rate (4.4 / 5) 8 votes
Size: 35 KB
1 page

Form DE-310 "Petition to Determine Succession to Real Property" - California

Rate (4.7 / 5) 106 votes
Size: 137 KB
2 pages

Form DE-221 "Spousal or Domestic Partner Property Petition" - California

Rate (4.3 / 5) 44 votes
Size: 1 MB
2 pages

Form DE-160 (GC-040) "Inventory and Appraisal" - California

Rate (4.7 / 5) 9 votes
Size: 96 KB
2 pages

Form DE-161 (GC-041) "Inventory and Appraisal Attachment" - California

Rate (4.5 / 5) 44 votes
Size: 35 KB
1 page

Form JDF999 "Collection of Personal Property by Affidavit Pursuant to 15-12-1201, C.r.s." - Colorado

Rate (4.5 / 5) 6 votes
Size: 76 KB
2 pages

Form PC-212 "Affidavit in Lieu of Probate of Will/Administration" - Connecticut

Rate (4.7 / 5) 20 votes
Size: 1 MB
3 pages

OTC Form 405 "Small Estate Affidavit" - Oklahoma

Rate (4.4 / 5) 47 votes
Size: 99 KB
1 page

Form UJS-100 "Record Inquiry & Search Request Form" - South Dakota

Rate (4.3 / 5) 16 votes
Size: 1 MB
3 pages

Form DR2712 "Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding" - Colorado

Rate (4.5 / 5) 19 votes
Size: 119 KB
1 page

Form ITD3413 "Small Estate Affidavit" - Idaho

Rate (4.7 / 5) 67 votes
Size: 86 KB
1 page

Form REV-1500 "Inheritance Tax Return - Resident Decedent" - Pennsylvania

Rate (4.7 / 5) 46 votes
Size: 1 MB
12 pages

Form TC-569C "Survivorship Affidavit" - Utah

Rate (4.3 / 5) 20 votes
Size: 87 KB
1 page

Form ADOR10695 "Affidavit for Collection of Personal Property" - Arizona

Rate (4.8 / 5) 35 votes
Size: 1 MB
2 pages

Form PC-212CI "Confidential Information/Petition/Affidavit in Lieu of Probate of Will/Administration" - Connecticut

Rate (4.8 / 5) 25 votes
Size: 1 MB
1 page

Form CC15:40 "Affidavit for Transfer of Personal Property Without Probate" - Nebraska

Rate (4.5 / 5) 93 votes
Size: 207 KB
1 page

Form NHJB-2144-P "Waiver of Full Administration Affidavit" - New Hampshire

Rate (4.4 / 5) 23 votes
Size: 18 KB
1 page

Form NHJB-2145-PE "Petition for Estate Administration" - New Hampshire

Rate (4.7 / 5) 28 votes
Size: 217 KB
9 pages

Form REV80 0029 "Affidavit of Successor" - Washington

Rate (4.3 / 5) 30 votes
Size: 1 MB
2 pages

Form REV80 0053 "Small Estate Affidavit for Nonresident Decedents" - Washington

Rate (4.8 / 5) 21 votes
Size: 1 MB
1 page

"Small Estate Affidavit for Transfer of Property" - Arizona

Rate (4.3 / 5) 10 votes
Size: 1 MB
16 pages

"Affidavit for Collection of Personal Property" - California

Rate (4.6 / 5) 17 votes
Size: 394 KB
2 pages

"Affidavit for Transfer of Decedent's Vehicle/Motorboat" - Nebraska

Rate (4.7 / 5) 18 votes
Size: 76 KB
1 page