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There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
A small estate affidavit is simply a legal document (which name varies by state) authorizing one to claim assets after their loved one has passed, which would be in lieu of a lengthy probate process.
For smaller estates, the process may be completed in three or four months, but the majority of situations will be at least six months.
A small estate affidavit is just a written legal document you can get a small estate. affidavit from the county clerk's office or have an attorney prepare one. Administering the estate with an affidavit is one of the key ways to avoid probate.
Step 1 Make a List of Assets. You can do this in a simple spreadsheet.Step 2 Download and Prepare Affidavit. Download Form 3C-E-210 and fill it out.Step 3 Get Affidavit Notarized. When you have completed the affidavit, you must swear to it and sign it before a notary public.Step 4 Collect the Assets.04-Apr-2022