How to Submit an Affidavit for the Group of a Small Estate
October 25, 2020
A small-estate affidavit is a legal form used by an heir to accumulate the property from a deceased relative, or decedent. Other methods of property collection, such as probate, are typically more expensive than a small-estate affidavit. An heir can use a small-estate affidavit if the property’s value is below the value set by the legislation in the area.
Pay a visit to the appropriate court office. The court might be a surrogate’s court, probate court or circuit court. Get in touch with your local county court system to find the current location. The affidavit must be filed at the court responsible for the place where the person died and in which the property is situated.
Check the court’s limitations for the property’s value. You can’t file a small-estate affidavit if the property’s total value is over the limit in your area. The estate’s worth is all the money, assets and property the decedent possessed, minus debts, such as medical bills and mortgages on a home. Ask which sort of affidavit is used for small estates in the area. The affidavits function the exact same manner, but there are slight differences in the standard forms used by regional courts.
Obtain the correct affidavit form. Some courts have the form available for free, but others charge a fee. Proceed to a legal printing or documents store whether the court does not have the form to buy a sterile small-estate affidavit.
Fill out the affidavit in full. The required wording should be on the form you obtained. Contain the deceased person’s full name, address, death date, place of death, and a listing of all legal heirs, the ages of their heirs, as well as the heirs’ current residences. Include the value along with a description of any property and personal property owned by the decedent, as well as expenses of property. Refer to the directions on the affidavit for segments that don’t apply to you. Some courts require segments that are not relevant be left blank, but some need you insert a phrase like”not applicable.”
Sign the affidavit. Follow the instructions for the signature segment. Some areas need two uninvolved individuals to watch the affidavit along with your signature. The document might need to be notarized. Find a licensed notary to notarize the document if notarization is required. Your bank or court construction might have notary services out there for little if any charge.
Obtain a death certificate. The health section that manages the place where the person died should have sent a copy of the death certificate to you. Request a copy from the health department if you don’t have one. There’s typically a small fee, like $10, for a certified copy of a death certificate.
File the affidavit in the courtroom, along with a copy of the death certificate. Ask concerning the fee for filing a small estate affidavit, as fees vary by place. You might need to send a certified copy of the affidavit to all parties listed in the document. Request the courtroom if the mailing requirement applies to you.