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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 Personal Representative must be appointed by the Register of Wills or the Orphans' Court before disposing of any assets. When appointed, Letters of Administration will be issued to the Personal Representative. Forms and procedures herein are mandated by Maryland Code and Maryland Rules.
A Delaware small estate affidavit is a legal document that enables an heir or beneficiary of a will to collect property that formerly belonged to a person who has died, known as a decedent. For example, it allows a person to claim ownership from a person's estate if they have a boat, ATV, or motor vehicle.
However, even if you have a valid will in Delaware, not all property is subject to it, such as property that is jointly owned with survivorship rights, which goes to the surviving owner. In Delaware, an estate skips probate if it's less than $30,000.
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.
What is a short certificate? A short certificate is a document that is certified proof of the appointment of the estate's personal representative (executor or administrator). It is required to gain access to the assets of the decedent. The word short refers to the size of the document.
You have to first probate the estate to obtain Short Certificates. Information about how to schedule an appointment to probate an estate can be found on the Register of Wills page. Short Certificates are $10.00 each and generally accepted for sixty to ninety days following the issuance.
If the deceased's assets are less than $30,000, and there is no real estate in his/her name alone, the Register of Wills Office issues a Small Estate Affidavit to transfer the assets of your loved one.
A Short Certificate is a legal document issued by the Register of Wills that shows the appointment of an Executor(s) or Administrator(s) of an estate. This Document gives the appointed person the ability to access assets and to conduct business in the deceased person's name.