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It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the public's use.
Probate is required in many cases in the District of Columbia. If the property value is under $40,000, you can settle under small estate administration.
The form must include: The witnesses' names and addresses. Relationships to the decedent. Decedent's date of death. Decedent's marital history. Decedent's family history (children, grandchildren, parents, siblings, nieces/nephews)
Next, file the Will by taking it to the D.C. Superior Court Probate Division. Under D.C. law, the Will must be filed within 90 days of the death of the decedent.
The SEA must be signed and sworn to by each heir before a notary. and can be determined by reviewing Chapter 201, Texas Estates Code. Filing fee is $263, but no additional fees are required to file amended SEAs.
Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedent's homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased person's real property cannot be transferred by submitting a small estate affidavit.
Exempt property includes: The homestead for the use and benefit of a surviving spouse and minor children. Up to $100,000 ($50,000 for a single adult) worth of property intended for the use and benefit of a spouse, minor children, unmarried adult children still living at home, and incapacitated adult children.
A Washington D.C. small estate affidavit, also known as a petition for administration of a small estate, is a legal document that can be utilized in place of probate for a small estate. In the District of Colombia, a small estate is an estate worth less than $40,000.