Laws
- Days after Death – No statute. As state law does not require a period to pass before an affidavit can be used, individuals may begin the process at their discretion.
- Maximum – $75,000.[1] A small estate is defined as an estate not exceeding $75,000.
- Motor Vehicles – Use Motor Vehicle (Form tr83b) to transfer a vehicle worth less than $75,000. Your Department of Revenue Division of Vehicles office can be found using this locator.
- Signing – The form must be signed and sworn before a notary public.[2]
- Statute – Chapter 59, Article 15 (Accounting and Distribution) stipulates that personal property belonging to the decedent’s estate can be transferred to a successor(s) upon presentation of a small estate affidavit.
How to File (4 steps)
1. Gather Information
Collect information about unpaid debts, claims, or demands against the decedent’s estate and all inheritance taxes due, if any, and make sure these are paid. Make an itemized list of the decedent’s properties and their values, including proceeds from insurance policies. Gather information also about the beneficiaries and percentages they are owed.
2. Prepare Affidavit
Download the Small Estate Affidavit – Transferring Certain Personal Property in Estates Under $75,000, and fill it out using your gathered information.