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A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.

An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.

The California small estate affidavit, called a Petition to Determine Succession to Real Property, is used by successors in interest to a person who died to collect real and personal property totaling $166,250 or less in California. It cannot be filed until 40 days have elapsed since the person died.

Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.

In Michigan you can use an Affidavit if the estate does not include real property and the value of the entire estate, less liens and encumbrances, is less than $15,000. There is a 28-day waiting period.

When you use a small estate affidavit , you have to pay the decedent's bills before paying money to anyone else. For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company.

Texas Verified Statement of Account and Affidavit

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What is the purpose of a small estate affidavit?

Does a small estate affidavit need to be filed with the court in California?

What is a California small estate affidavit?

How do I fill out a transfer affidavit?

What are Michigan's requirements for a small estate affidavit?

How do I fill out a California affidavit of collection of estate assets?

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