Laws
- Days After Death – More than 30 days must have passed since the death of the decedent before filling out an affidavit.[1]
- Maximum Amount ($) – The total value of the estate, less liens and encumbrances, must be $100,000 or less.[2]
- Signing Requirements – The affidavit must be notarized.
- Statutes – Collection of Personal Property by Affidavit (Title 72, Chapter 3, Part 11)
How to File (4 steps)
1. Wait 30 Days
At least 30 days must have passed before the affidavit can be effective. As the day approaches, verify that there is not a pending application to appoint a personal representative. This may be done by checking with the probate court in the county where the decedent lived. To find the correct court, use this Court Locator.
2. Identify Property
First, make a list of all personal property in the estate. This includes movable possessions and bank accounts, but not land or fixtures. If seeking to transfer ownership of a motor vehicle, Form MV-12, an Application for Title of Vehicle by Right of Survivorship, is also required.
Add up their value to ensure that it totals less than $100,000. If the decedent had a will, the assets should be distributed in the fashion it describes. If not, they should be distributed according to the state’s intestate succession laws.
4. Collect the Property
Once the affidavit is filled out and notarized, it provides the holder with a legal right to collect personal property. If someone is in possession of the personal property named in the affidavit and refuses to part with it when shown the form, it may be necessary to consult with an attorney.