Laws
- Maximum Amount ($) – $100,000.[1]
- Filing Fee – $25 for filing and $5 for each certified copy.[2]
- Days After Death – Forty-five (45) days.[3]
- Publishing – Within 30 days after filing, a copy of the small estate affidavit must be published in the local newspaper.[4]
- Signing – Must be signed by the Local Probate/Circuit Court Clerk.
- Statutes – Chapter 41 (Distribution without Administration)
How to File (4 steps)
1. Complete the Small Estate Affidavit
Complete the Small Estate Affidavit. After completion, it must be signed by the filing party and the court clerk.
2. File at the Local Court
Go to the Local Court Clerk’s Office with the following:
- Small Estate Affidavit;
- Death Certificate;
- A filing fee of $35;
- Disclaimer (use for each heir that does not want property from the estate);
3. Publish in the Local Newspaper
Use the Notice of Publication and submit it to a local newspaper that serves the county where the small estate was filed. Publication must be at least once a week for two weeks.
4. Submit the Deed of Distribution
After the notice period has passed the heirs can issue a Deed of Distribution. This form must be completed and given to any third party where ownership of property must be changed to the heir’s name.