If an estate in question is smaller than the limits established by state law, then the estate can be administered under Small Estate Administration proceedings. All you need is a free Small Estate Affidavit form and your loved one’s information.
With a Small Estate Affidavit form, you avoid the time-consuming probate process with, not only, less cost and paperwork, but also a lot less time.
When filling out a Small Estate Affidavit, you will typically need to have access to the following information to include on your form:
- The person completing the Small Estate Affidavit’s full name and address
- Information about the deceased person, including name, date of death and address prior to death
- A listing of assets, descriptions and amounts not to exceed the small estate limit in that state
- An affirmation that funeral and burial expenses have been paid
- Details about unpaid debts and other claims against the estate
- Names and addresses of surviving spouses and children both minor and adult dependents
- Other pertinent information to help with the distribution of the deceased person’s assets
You will also need to state your relationship to the deceased. Small Estate Affidavits are mainly used by beneficiaries like a spouse, a guardian for minor children, adult children or parents of the deceased.
Once you complete the Small Estate Affidavit form, you file the form in the local jurisdiction where the decedent passed and the property is located.
Free Small Estate Affidavit Form
You can download the following free Small Estate Affidavit form and tailor it to your needs. Fill free to copy and paste, then print out the form as needed:
SMALL ESTATE AFFIDAVIT
THE STATE OF ________________________
IN THE COUNTY OF ____________________
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the undersigned, hereinafter called Distributees, and respectfully show the court:
1. That _____________________________________, hereinafter called deceased, died intestate on the ______day of _____________, ________.
2. That deceased’s domicile was in ____________________ County, State of _________________.
3. That the principal part of deceased’s property at the time of deceased’s death was situated in _______________ County, ___________________ State;
4. That no petition for the appointment of a personal representative is pending or has been granted for deceased’s estate;
5. That more than thirty days have elapsed since the death of deceased;
6. The value of the entire estate of deceased, not including homestead and exempt property, does not exceed ___________________(State Limit).
7. That the names and addresses of all of the distrubutees, heirs, devises or assigns of the money or property of the Estate of Deceased, and their right to receive same is as follows:
RELATIONSHIP TO DECEASED AND RIGHT TO RECEIVE ESTATE__________________________________
8. That the assets and liabilities of deceased’s estate are as follows:
9. All of the above named distributes who have legal capacity have signed and sworn to this application and affidavit of distributees, and the natural guardian or next of kin of any minor or incompetent, if any, who is a distributee has signed and sworn to this affidavit and application.
WHEREFORE, distributees pray that this affidavit and application be filed in the Small Estate Records of said Court, and that said affidavit and application be approved by the Court, and the Clerk issue certified copy or copies of said affidavit to the distributees in order to allow said distributees to present said affidavit to person or persons owing money to the estate of deceased having custody or possession of property of the estate or acting as register, fiduciary or transfer agent of or have evidence of interest, indebtedness, property or other right belonging to said estate.
WITNESS OUR HANDS this the _____ day of _____________, _________.
Subscribed and sworn to before me, by ______________________________this the _____day of ___________, ______.
Notary Public, __________________County, State of ________________________________________