This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once you've sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.
In a regular probate proceeding, the Court will issue an order appointing you the executor of the estate. In a small estate proceeding there is no order. Instead, the Court will issue you a certificate identifying you as the voluntary administrator and authorizing you to collect a specified asset or assets.
Small estate affidavits are filed with the Register of Wills. They're used to simplify the probate process for estates valued at $50,000 or less. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once you've sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.
VOLUNTARY ADMINISTRATION or SMALL ESTATE PROCEEDING may be used when a fiduciary is needed to transfer estate assets (personal property only) and the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1.
Hiring a lawyer to prepare a Small Estate Affidavit is not required, and many courts publish do-it-yourself SEA forms for use in a specific county. For example, you can find county-specific SEA forms on the following sites: Small Estate Affidavit (Bexar County) Small Estate Affidavit Forms (Collin County)
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.
Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.
In Pennsylvania, creditors, debt collectors and collection attorneys can garnish bank accounts in order to satisfy a judgment.
You will need to provide documentation to prove both that the account holder died and you have the legal authority (as a designated beneficiary, joint account holder or executor/administrator) to access the account.