An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. Where an estate is valued at less than $100,000, an interested party, as successor to the decedent, may, issue a small estate affidavit to collect or claim entitlement to the deceased property.
Yes, you can still use a Small Estate Affidavit if the will names you as an heir and the estate meets the small estate requirements; however, it may complicate things slightly.
While you can file a Small Estate Affidavit on your own, having a lawyer can help ensure everything is in order and make the process smoother.
The processing time can vary, but once you submit your affidavit, it often doesn’t take too long to access the estate's assets, especially compared to regular probate.
Yes, to file a Small Estate Affidavit, you typically need to be a legal heir, the estate must meet the value limit, and you should gather necessary documentation to support your claim.
You can claim various assets like bank accounts, personal property, and vehicles, as long as they fall within the limits set for small estates.
In Aurora, anyone who is a rightful heir to the estate, such as family members or beneficiaries, can use a Small Estate Affidavit as long as the estate qualifies.
A Small Estate Affidavit is a legal document that allows heirs to claim a deceased person's property or assets without going through the full probate process, provided the estate is under a certain value.