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A Small Estate Affidavit is not filed with the Court. It is given to the person, company, or financial institution that has the Decedent's property. ➢ If the Decedent died before April 1, 2022, use Affidavit 1.

Complete the affidavit: Fill out the form with the decedent's information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.

Most people can fill out a small estate affidavit without an attorney's help. The form usually needs to state the following: The value of the estate. The completion of the required waiting period.

Make sure you qualify to use this process That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less. If the decedent died before April 1, 2022, the estate is small if it is valued at $166,250 or less.

The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.

You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the person, company, or financial institution (such as a bank) that has the property so that they can legally transfer it to your name.

Legally, you are not required to have the Affidavit notarized. But many institutions will ask you to do so, so it may be a good idea to notarize it before you try to use it to transfer the property. If there are other people entitled to inherit the property, they must also sign the Affidavit.

Code §§ 13100-13116, the person(s) entitled to the property may present a Small Estate Affidavit, commonly known as an Affidavit for Collection of Personal Property, to the person or institution having custody of the property, requesting that the property be delivered or transferred to the successor.

Yes, you almost always have to go through the entire probate process even for small estates. In the above example, to change the name on the car's title (regardless of the value) from the deceased's name to the name of the heir, you need a court order. And to get that court order, you have to go through probate.