"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.

ADVERTISEMENT

How to Fill Out a Small Estate Affidavit?

Follow these steps to complete a Small Estate Affidavit:

  1. 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.
  2. Identify yourself and add your mailing address.
  3. 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.
  4. 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.
  5. 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.
  6. Specify the outstanding funeral expenses if they have not been paid in full.
  7. Describe the wishes of the deceased regarding the possessions that must be left to their heirs.
  8. 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:

  1. Contact your local court office and learn about the court's limits for the value of the estate.
  2. Complete the affidavit and notarize it to make it valid.
  3. 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.
  4. Obtain supplemental documents - proof that the deceased induvial owned the property described in the affidavit and the appraisal report of this property if necessary.
  5. 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:

ADVERTISEMENT

Download "Affidavit of Small Estate Form"

176 times
Rate (4.6 / 5) 9 votes
Small Estate Affidavit
I certify that all of the following statements are true in regards to the Estate of
_________________ who has deceased in the State of _________________, County of
_________________.
1. Decedent, _________________, died on _________________ in the County of
_________________, in the State of _________________. A copy of the
decedent’s death certificate will be submitted along with this affidavit.
2. My name is _________________. I reside at _________________ in the City of
_________________, in the State of _________________.
3. The value of the assets of the decedent’s estate exceeds the estate’s known
liabilities.
4. The value of the decedent’s estate does not exceed the monetary limit of
$_________________ imposed by the State of _________________.
5. I am either an heir of the decedent, and the decedent left no will, or I am a named
devisee of the decedent in the decedent’s will.
6. More than _____ days have passed since the decedent’s death.
7. There is no pending administration of the decedent’s estate.
8. There is no reasonable expectation that the probate of the decedent’s estate is soon
to commence.
9. All heirs or devisees of the decedent are listed below:
____________________
____________________
____________________
Name
Name
Name
____________________
____________________
____________________
____________________
____________________
____________________
Address
Address
Address
____________________
____________________
____________________
Relation
Relation
Relation
____________________
____________________
____________________
Telephone
Telephone
Telephone
© ​
T EMPLATEROLLER.COM
Small Estate Affidavit
I certify that all of the following statements are true in regards to the Estate of
_________________ who has deceased in the State of _________________, County of
_________________.
1. Decedent, _________________, died on _________________ in the County of
_________________, in the State of _________________. A copy of the
decedent’s death certificate will be submitted along with this affidavit.
2. My name is _________________. I reside at _________________ in the City of
_________________, in the State of _________________.
3. The value of the assets of the decedent’s estate exceeds the estate’s known
liabilities.
4. The value of the decedent’s estate does not exceed the monetary limit of
$_________________ imposed by the State of _________________.
5. I am either an heir of the decedent, and the decedent left no will, or I am a named
devisee of the decedent in the decedent’s will.
6. More than _____ days have passed since the decedent’s death.
7. There is no pending administration of the decedent’s estate.
8. There is no reasonable expectation that the probate of the decedent’s estate is soon
to commence.
9. All heirs or devisees of the decedent are listed below:
____________________
____________________
____________________
Name
Name
Name
____________________
____________________
____________________
____________________
____________________
____________________
Address
Address
Address
____________________
____________________
____________________
Relation
Relation
Relation
____________________
____________________
____________________
Telephone
Telephone
Telephone
© ​
T EMPLATEROLLER.COM
10. All heirs or devisees will be given notice of this affidavit within _____ days of
filing.
11. All assets of the decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are
listed below:
Asset:
Value:
Extra Information:
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
12. All liabilities and debts of the decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt:
Amount Owed:
Creditor Information:
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
© ​
T EMPLATEROLLER.COM
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
____________________
$______________
____________________
13. The following heirs or devisees are entitled to the following property:
Heir or Devisee:
Property:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
14. This document is governed under the laws in the State of _________________.
____________________
____________________
____________________
Affiant’s Printed Name
Witness Printed Name
Witness Printed Name
____________________
____________________
____________________
Affiant’s Signature
Witness Signature
Witness Signature
____________________
____________________
____________________
Date
Date
Date
© ​
T EMPLATEROLLER.COM
Notary Acknowledgment
State of _____________________
County of ___________________
The foregoing was acknowledged before me this ____ day of _________________, by
the undersigned, _________________, who is personally known to me or satisfactorily
proven to me to be the person whose name is subscribed to the within instrument.
_________________________________
Printed Name of Notary Public
_________________________________
Signature of Notary Public
My commission expires: ___________________
(seal)
© ​
T EMPLATEROLLER.COM
Page of 4