Create an Affidavit of Small Estate Online

The clauses of a will or trust instrument often describe how an estate is to be distributed. The estate property will then be allocated literally through a probate case.

Once the form has been completed, the individual must file it with the court clerk and then wait for it to be authorized or refused by the court clerk. In some jurisdictions, similar matters may also be overseen by a court.

When Is a Small Estate Affidavit Necessary?

The following questions will help you determine when a small estate affidavit should be used:

• Is the decedent’s estate considered a small estate?
• Did the deceased leave a will?
• Is there still time to file a Small Estate Affidavit?

First, ensure that the entire financial amount of the decedent’s estate does not exceed your state’s small estate limit. 

Second, as certain whether the decedent left a Will. Small estate affidavits are often used when there is no Will. However, certain states may allow them to be used with a Will based on specific legal conditions.

Finally, the individual wanting to utilize the small estate affidavit may be obliged to wait a specified period before submitting the document. 

This is determined by state legislation and can last up to two months. To determine your eligibility, you should speak with an estate planning professional.

Who Is Eligible to Fill Out a Small Estate Affidavit Form?

To be clear, anyone cannot fill out a small estate affidavit form. Only some people are eligible based on their relationship with the deceased. These are some examples:

•  A partner
•  A household companion
•  Minor children or their legal guardians
•  If the decedent did not have a spouse, the decedent’s parent

Even so, the persons named above are only entitled to file a small estate affidavit provided the other prerequisites are satisfied.

First, the entire probate assets of the decedent must be less than the state’s small estate dollar limit. In most states, the affidavit is only utilized when there is no last will.

Where Can I Find a Small Estate Affidavit Form?

A small estate affidavit can be drafted by a traditional estate planning attorney, or you can acquire small estate affidavit forms online. 

Working with an attorney to prepare a simple estate affidavit might cost several hundred dollars. Free online small estate affidavit forms and templates are also available.

After you’ve completed the form, you’ll usually need to print it and sign it using wet ink. You should also check with your state to see if notarization is necessary.

Information Required to Fill Out a Small Estate Affidavit Form

A small estate affidavit form can be obtained from an attorney. You may also discover free small estate affidavits by state online. You must give the following information to complete the form:

•  Name
•  Home address and, if applicable, postal address
•  Name, date of death, and previous residence of the deceased
•  List of assets with descriptions and values
•  Payment confirmation for all funeral and burial expenses
•  List and specifics of any outstanding debts or claims
•  Surviving spouse and children’s names and addresses
•  Any other information that the state requires