Small Estate Affidavit Form

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Small Estate Affidavit

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Updated August 03, 2022

A small estate affidavit allows the heirs of an estate to bypass the probate process and take immediate possession of the property. To qualify, the total value of the estate must be less than the statutory requirement, and the heirs must wait the required period after the decedent’s death.

Table of Contents

Small Estate Affidavits: By State State Requirements How a Small Estate Affidavit Works (6 Steps) Affidavit of Heirship vs Small Estate Affidavit Sample How to Write Video

By State

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• Washington D.C.
• West Virginia
• Wisconsin
• Wyoming

State Requirements

State	Maximum Amounts ($)	Time to Wait After Decedent’s Death	Signing Requirements
Alabama	$32,047 (figure adjusted for inflation)	30 days	No Statute*
Alaska	$100,000 for vehicles only; $50,000 for other personal property	30 days	No Statute*
Arizona	$75,000 for tangible personal property; $100,000 for real property	30 days	No Statute*
Arkansas	$100,000	45 days	Local Probate Court Clerk (See List)
California	$184,500	40 days	Notary Public
Colorado	$70,000	10 days	Notary Public
Connecticut	$40,000	No Statute	No Statute
Delaware	$30,000	30 days	No Statute, but Death Certificate must be notarized
Florida	$75,000	No Statute	No Statute*
Georgia	None; $15,000 only when claiming funds in a bank account	No Statute	Notary Public
Hawaii	$100,000 (excluding motor vehicles)	No Statute	Notary Public
Idaho	$100,000	30 days	Notary Public
Illinois	$100,000	No Statute	Notary Public
Indiana	$100,000	45 days	Notary Public
Iowa	$50,000	40 days	Notary Public
Kansas	$40,000	No Statute	Notary Public
Kentucky	$30,000	No Statute	Notary Public or Judge/Clerk of the District Court
Louisiana	$125,000	90 Days (For Immovable Property Only)	Notary Public
Maine	$40,000	30 days	Notary Public
Maryland	$50,000; $100,000 for surviving spouses filing as sole legatee	No Statute	No Statute
Massachusetts	$25,000 (excluding the value of one vehicle)	30 days	Notary Public
Michigan	$24,000 (figure adjusted for inflation)	28 days	Notary Public
Minnesota	$75,000	30 days	Notary Public
Mississippi	$75,000	30 days	Notary Public
Missouri	$40,000	30 days	Notary Public
Montana	$50,000	30 days	Notary Public
Nebraska	$50,000	30 days	Notary Public
Nevada	$100,000 for spouse; $25,000 for other claimants	40 days	No Statute*
New Hampshire	N/A	N/A	N/A
New Jersey	$50,000 for spouses, $20,000 for non-spousal heirs	No Statute	Notary Public
New Mexico	$50,000	30 days	Notary Public
New York	$50,000	No Statute	Notary Public
North Carolina	$20,000 non-spousal heirs; $30,000 for surviving spouses who are sole heirs	30 days	Notary Public or Court Clerk
North Dakota	$50,000	30 days	Notary Public or Court Clerk
Ohio	$100,000 for spouse, $35,000 for other claimants	No Statute	Probate Judge (once approved)
Oklahoma	$50,000	10 days	Notary Public
Oregon	$275,000 ($75,000 for personal property; $200,000 for real property)	30 days	Notary Public
Pennsylvania	$50,000	No Statute	Notary Public and PA Register of Wills Deputy
Rhode Island	$15,000	30 days	Notary Public and Probate Judge / Probate Clerk
South Carolina	$25,000	30 days	Notary Public and Probate Judge
South Dakota	$100,000 for personal property; $50,000 for real property	30 days	Notary Public
Tennessee	$50,000	45 days	Notary Public or Deputy Clerk
Texas	$75,000	30 days	Notary Public and Two (2) Disinterested Witnesses
Utah	$100,000	30 days	Notary Public
Vermont	$45,000	No Statute	Notary Public
Virginia	$50,000	60 days	Notary Public
Washington	$100,000	40 days	Notary Public
Washington D.C.	$40,000	No Statute	Legal Branch of Probate Division
West Virginia	$100,000 for interests in real estate; $50,000 for personal property	30 days (if decedent died testate); 60 days (if intestate)	Notary Public
Wisconsin	$50,000	No Statute	Notary Public
Wyoming	$200,000	30 days	Notary Public

* The person creating the affidavit is highly recommended to seek notarization in order to establish the document’s validity and prepare it for recording with their local governing entity.

How a Small Estate Affidavit Works (6 steps)

1. Wait for the State Required Time-Period
2. Calculate the Estate’s Value
3. Gather Required Documents
4. Complete the Small Estate Affidavit
5. Contact Family Members (Heirs)
6. File with the Probate Office

1. Wait for the State Required Time-Period

Every State requires that the family members wait a specified number of days before the small estate may be filed. Ranging from 15 to 60 days, the heirs can use this time to gather an itemized list of the decedent’s assets and property.

If the State does not have specific laws then contact the probate court where the decedent died.

2. Calculate the Estate’s Value

A small estate affidavit is for individuals that have died who did not own enough property or assets to qualify for probate under state laws (less any liens and encumbrances).

3. Gather Required Documents

The death certificate must be obtained (contact the Bureau of Vital Statistics or equivalent office) along with the title of all property owned by the decedent. For example, if a vehicle was owned by the decedent the Certificate of Title will be required.

4. Complete the Small Estate Affidavit

It is best to use the state-specific version as this will give the petitioner the best chance of it being accepted by the Probate Court Clerk’s Office. When completing, be sure to include an itemized list of all the assets and property of the decedent that will be transferred to the heirs.

When signing, the petitioner will be required to either sign the form in front of a notary public, witnesses, or both. The bottom of the small estate should have the signing requirements listed.

5. Contact Family Members (Heirs)

All heirs, family members, or anyone that could be considered entitled to the property must be made aware of the small estate filing. Therefore, the petitioner must contact them via Certified Mail with Return Receipt and keep the receipts as proof the individuals have been notified.

6. File with the Probate Office

Attached to the small estate affidavit, the petitioner should have all their documents together with the filing fee. If accepted, the clerk will take approximately 5 to 15 days to process and accept or reject the filing.

If accepted, the property and assets will be transferred and the process is complete.

Affidavit of Heirship vs Small Estate Affidavit

Affidavit of Heirship – Identifies the heirs to a decedent’s estate.

Small Estate Affidavit – Identifies the assets and debts of a decedent’s estate. The affidavit will include the names of the heirs if the affidavit of heirship is included in the form.

Sample

How to Write

Download: Adobe PDF, MS Word, OpenDocument

Location Of Signing

(1) Location. In many cases, the Notary Public will wish to dispense the County and the State where this petition is executed by its Affiant on the first two lines available. If a Notary has been consulted and directed this area to be completed beforehand, then produce the County where this document is executed on the first line as well as the appropriate State to the second line.

I. The Decedent

(2) Petition Effective Date. This petition must have a specific start date to its effect. Thus, locate the formatted area presented by the initial paragraph of the First Article, then supply the first calendar date when this paperwork should be considered an active petition.

(3) Decedent. The Party who has passed away and whose estate is the concern of this petition should be identified with his or her full name on the first space of the “Decedent” statement of the First Article.

(4) Formal Date Of Death. The calendar date noted on the death certificate as the day the Decedent passed away must be submitted across the lines following the term “Died On…”

(5) County Of Decedent Passing. The First Article also requires that the name of the County where the Decedent passed away is presented on the first line available after the phrase “County Of.”

(6) State Of Decedent Death. Finally, locate the State presented on the Decedent’s death certificate as the State where he or she died then use the space provided after the phrase “State Of” to formally identify which State the Deceased passed away in.

II. The Affiant

(7) Affiant. The Petitioner issuing this affidavit must be identified with his or her legal name on the first line presented by the Second Article. The Petitioner for control of the Decedent’s estate (through this paperwork) will often be referred to as the Affiant.

(8) Affiant Mailing Address. The second line found in the Second Article should be populated with the complete address where the Affiant receives his or her official paper correspondence such as notices, court requests, and other such legal documents. This must be the mailing address that is under the control of and regularly monitored by the Affiant.

III. Days After Death

(9) Waiting Requirement. Often there will be a period of time that starts from the day of the Decedent’s death during which no Affiant may execute a petition for control over the estate of the concerned Deceased. Supply the number of days between the date of the Decedent and the effective date of this petition to the space presented in the Third Article. Be advised this number of days may not be less than that required by the State that governs this petition and the estate of the Deceased.

IV. Statutory Amount

(10) Monetary Limit For Small Estate Status. Every State places a monetary limit to how much an estate may be worth in order to be considered a small estate. Consult the books, then furnish the maximum dollar amount the estate may be worth and still be classified as a small estate on the blank line attached to the dollar sign ($) in Article IV.

(11) State Of Applicable Law. Submit the name of the State whose laws will define the maximum dollar amount allowed for the value of a small estate on the second blank line in Article IV.

V. Property And Assets

(12) Description Of Decedent Property. The assets making up the Decedent’s estate will need to be defined in the left column of Article V. Each asset or piece of property that is a part of the estate should be listed separately in this section. Make sure to provide a description that will adequately identify a reported asset so that it may be located. For instance, if an intangible asset such as a bank account must be defined, record the name of the Bank, the contact information for that bank, the Decedent’s bank account number, and the type of account.

(13) Value Of Decedent Property. Every asset and piece of property listed in the left column in Article V must be accompanied by a record of its “Value” in the second column. For example, if a bank account of the Decedent was listed in the first column, then provide the dollar amount kept in that bank account in the second column.

VI. Debts And Liabilities

(14) Decedent Held Debts. An estate’s value will depend not only on the assets and property owned by the Decedent but also on the amount of money that will be deducted (from the concerned estate) to pay for the debts or liabilities that were owed by the Decedent at the time of his or her passing. Each such debt should be listed in the “Description” column of Article V. This should include a record of the name of the Party or Entity that must be paid and the reason behind the debt. For instance, if the debt is a loan amount (owed by the Decedent), report the name of the Financial Institution holding that loan, the reason for that loan, and any account number needed to identify the concerned account.

(15) Amount Owed By Decedent. Once a debt (or liability) that is owed by the estate has been documented, present the exact dollar amount the Decedent must pay in the space provided by the “Value” column displayed in the Sixth Article.

VII. The Heirs

(16) Heir’s Name. Every Party that is entitled to assets, property, or a dollar amount from the Decedent’s estate should be named in Article VII. Three sections have been provided, each with a line labeled “Heir’s Name,” so that this task may be fulfilled. There is enough room for three Heirs to be identified but more may be added at will. If this petition must name more than three Heirs, then insert additional sections as needed or provide the information requested by these sections in Article VII on an attachment that is permanently affixed to this petition.

(17) Relation To Decedent. The “Relationship” each Heir named held with the Decedent should be described on the line adjacent to his or her name.

(18) Address Of Heir. The home address of each Heir is required by Article VII where it is requested.

(19) Immediate Contact Information. After identifying each of the Heirs, defining how he or she is related to the Decedent, and dispensing each Heir’s home address, Article VII will request the “Phone” number of each Heir along with his or her “E-Mail” address.

VIII. Transfer Of Property

(20) Estate Property. Now that the Decedent’s estate has been detailed and each of his or her Heirs identified, it will be time to document every piece of property or asset that must be transferred to the proper Heir in the “Property” section of Article VIII.

(21) Heir’s Name. The full name of each Heir who must be set to receive the defined asset(s), property, or dollar amount must be presented in the second column (titled “Heir’s Name” in Article VIII). This will assign the “Property” listed to the appropriate Heir.

IX. Official Statement

(22) Government Law. Document the name of the State where this affidavit will be submitted and whose laws must be complied with on the blank space in Statement (C) of Article IX.

X. Execution

(23) Affiant’s Signature. The signature required by the Affiant must be produced before a Notary Public and (in most cases) one to two Witnesses. Once these Parties have coordinated and gathered, the Affiant must sign his or her name on the line “Affiant’s Signature.”

(24) Formal Date Of Signature. The calendar date when the Affiant signs this paperwork should be submitted with his or her signature on the line “Date.”

(25) Affiant Printed Name. The Affiant is also expected to print his or her full name on the line “Print Name.”

Notary Acknowledgment

(26) Statement Made By Notary. The “Notary Acknowledgment” section, provided for the use of the Notary Public overseeing the Affiant signature, can only be completed by the concerned Notary. The location of the Affiant signing, the date of signing, the attending Notary’s name, along with the name of the Signature Affiant will all be documented by the Notary Public. Additionally, as proof that the notarization defined by this section is complete, the Notary will sign his or her name, print it, and supply his or her seal.

Witness Acknowledgment

(27) Witness 1 Statement. Two Witnesses should watch the Affiant sign the petition above, then confirm this observation through his or her acknowledgment statement. Before the First Witness can provide the signature verification required for this task, the “Witness 1” section must be supplied with the full name of Witness 1 on the blank space presented in the acknowledgment statement.

(28) Witness’s Signature. Witness 1 must review the (completed) “Witness 1” statement, then sign his or her name, submit the date when he or she signed this testimonial, and present his or her name in print.

(29) Witness 2 Statement. The name of the Second Witness will be required on the blank line in the statement made by the “Witness 2” section.

(30) Witness Signature. To confirm the statement in the “Witness 2” section, Witness 2 must review its content, sign the “Witness’s Signature” line, document the calendar date of his or her signing, then document his or her printed name.

Video