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If the estate of the person who died is small enough, you might not have to file a case in the probate court. These instructions are not a complete statement of the law.You do not have to go to court. A certified copy of the decedent's death certificate. Evidence of ownership: In certain situations, if the decedent had evidence of. An Affidavit of Death is a document that acts as a written solemn oath that states a death occurred. Heirs may not take your personal property until 30 days after your death.