How to Fill Out a Small Estate Affidavit Form

Filling out a small estate affidavit form can simplify the process of transferring a deceased person’s assets without the need for a lengthy probate procedure. This form is typically used when the estate’s value is below a certain threshold, which varies by state. To complete the small estate affidavit form, you’ll need essential details about the deceased, their assets and any potential heirs. Understanding the specific requirements and steps involved can help make the process smoother and ensure that assets are distributed according to the decedent’s wishes.

If you have questions about estate planning, a financial advisor can help you create a plan to manage and distribute it according to your wishes.

What Is a Small Estate Affidavit?

A small estate affidavit is a legal document used to simplify the probate process for estates that fall below a certain value threshold. This affidavit allows heirs to bypass the lengthy and costly probate proceedings typically required to settle an estate. Instead, they can quickly transfer the deceased’s assets to the chosen beneficiaries.

A small estate affidavit is particularly useful when dealing with estates that do not contain significant assets, such as real estate or high-value investments. Generally, the estate must consist of personal property only, and all debts and funeral expenses should be paid.

Who’s Eligible to File a Small Estate Affidavit?

Eligibility to file a small estate affidavit depends on the laws of the state where the deceased person lived. In most cases, this process is available only when the total value of the estate falls below a certain limit, often ranging from $10,000 to $200,000, depending on the state. The affidavit is designed for smaller estates that don’t include significant real estate holdings or complex assets that would otherwise require full probate.

Typically, the person who files the affidavit must be an heir, beneficiary or someone legally entitled to inherit from the estate, such as a surviving spouse, child or other next of kin. In some states, a creditor of the deceased may also be allowed to file if no heirs take action within a specified period. The filer must usually wait a minimum time, often 15 to 60 days after death, before submitting the affidavit, ensuring that other claims or estate matters can surface.

It’s also important to note that the person filing the affidavit must swear, under penalty of perjury, that the information provided is accurate and that they are entitled to the assets listed. Supporting documents like the death certificate, a list of assets and identification for the filer are often required. Because the rules vary widely by state, it’s best to review local court or probate office guidelines, or consult an estate attorney, to confirm eligibility before filing.

How to Fill Out a Small Estate Affidavit Form

Filling out a small estate affidavit is straightforward but not always easy. Following these steps will help you efficiently complete and file a small estate affidavit:

Obtain the form: Visit your local probate court or their website to obtain the small estate affidavit form.
Verify eligibility: Ensure the estate’s value falls within your state’s threshold.
Gather necessary documents: Collect the death certificate, a detailed list of assets and any outstanding debts of the deceased.
Complete the affidavit: Fill out the form with the decedent’s information, a list of their assets and the names and addresses of all heirs or beneficiaries.
Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
File the affidavit: Submit the notarized affidavit to the probate court. Be prepared to pay any required filing fees.
Distribute assets: Once the court approves the affidavit, proceed with distributing the assets as specified in the document.

Do I Need an Attorney to File a Small Estate Affidavit?

A couple meeting with an attorney to file a small estate affidavit.

For those with straightforward estates and clear instructions, filing a small estate affidavit independently is simple. Many states provide detailed instructions and forms online, making the process more accessible to individuals without legal backgrounds.

However, some people may find legal assistance beneficial. Hiring an attorney can help clarify complex legal terms and ensure the form is filled out correctly. Legal professionals can also provide guidance if there are disputes among heirs or questions about the value of the estate.

Benefits of Using a Small Estate Affidavit Form

A small estate affidavit form simplifies the probate process for smaller estates. One advantage is the speed of asset distribution. Traditional probate can take months or even years, but a small estate affidavit form can expedite the process significantly. Heirs can access funds and property more quickly, helping to settle affairs and provide financial stability in a timely manner.

Additionally, using a small estate affidavit form minimizes legal fees. By bypassing the need for an attorney to navigate probate court, families can save on substantial legal costs. This makes the process more accessible and affordable, particularly for estates of limited value.

Lastly, the simplicity of the small estate affidavit form makes it a practical choice. It typically involves straightforward paperwork that can be completed without extensive legal knowledge.

Bottom Line

A senior couple reviewing their estate plan with a financial advisor.

A small estate affidavit can be a simple, affordable alternative to formal probate, especially when the estate’s value falls below your state’s threshold. By carefully following your state’s rules, providing proper documentation and ensuring all heirs are identified, you can transfer assets like bank accounts, vehicles or personal property more quickly and with less expense. Taking the time to complete the form accurately helps families settle an estate efficiently while avoiding unnecessary legal delays.

Estate Planning Tips

A financial advisor can help you create an estate plan based on your personal goals and needs. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Planning your estate without expert help could save money, but it could also result in mistakes that cost you more money than you’d spend to get professional assistance.