Fillable Form Small Estate Affidavit

What is an Affidavit of Small Estate?

An Affidavit of Small Estate, also called an Affidavit of Heirship or a Small Estate Affidavit, is a type of affidavit used for the purpose of providing authorization for an individual or group of people to claim assets or properties outside of the formal probate process. The affidavit must contain the description and fair market value for the assets or properties being distributed.

Affidavits are important documents used for various legal and financial proceedings, up to and including:

• Divorce court
• Property disagreements
• Debt disputes
• Confirmation that legal documents have been received
• To report the loss of important legal documents that must be replaced
• To notify a party of a proceeding of changes
• Residency verification
• Name change verification
• To confirm the identity of a victim of identity theft

Depending on what the situation requires, each of these situations will often require either a general or a more specific type of affidavit in order to prevent misinformation, scams, and general fraud from sabotaging or otherwise interfering with the fair execution and discussion of a case or situation. Using a small estate affidavit allows for the decedent’s estate to be administered via the Affidavit of Small Estate form rather than through a formal and potentially lengthy probate process.

Who needs to use an Affidavit of Small Estate?

An Affidavit of Small Estate must be created and filed by any person who wishes to authorize any person or group of persons to claim assets or properties without having to go through the probate process.

However, different states may have different conditions that must be fulfilled before an Affidavit of Small Estate can be filed or considered valid. Make sure to check to see if your state has any procedures in particular that must be followed as part of filing an Affidavit of Small Estate.

How to fill out an Affidavit of Small Estate?

The Affidavit of Small Estate is a very simple form to fill out. Make sure to save and download it in PDF format to make sure that its format and contents remain intact even after being printed. This is particularly important in the case of an affidavit, to ensure that there are no issues when it comes to the clarity and validity of the affidavit.

State

Enter the state where you are filing the affidavit.

County and State

Enter your county and state.

Estate Owner

Enter the name of the owner of the estate or also known as the Decedent.

Name

Enter your full legal name.

Decedent’s Name

Enter the Decedent’s name.

Decedent’s Residential Address

Enter the residential address of the Decedent.

Decedent’s Date of Death

Enter the Decedent’s date and location of death. Make sure that this information is the same as what is written in the attached death certificate.

Validity of Filing

Check the appropriate box that reflects the reason for why the filing of this affidavit is proper. You may check one of the following:

• The Decedent died in the state of _____ (enter the state in the space provided)
• The Decedent resided in the state of ____ immediately prior to their death (enter the state in the space provided)

Line 1 - Time of Filing of Affidavit

Check the appropriate box indicating the amount of time after the decedent’s death that the affidavit is being filed. You may choose one of the following:

• Days
• Months
• Years

Then enter the number of days, months, or years (corresponding to which box you checked) in the space provided.

Line 2 - Gross Fair Market Value of Estate

Enter the section and state of the probate code that the affidavit is being filed under. Then enter the value that the estate’s gross fair market value does not exceed according to the relevant section of the state’s probate code.

Line 3 - Proceeding

This line serves as confirmation that no proceeding has been commenced for the administration of the Decedent’s estate.

Line 4 - Funeral Expenses

Check the appropriate box indicating the status of the Decedent’s funeral expenses. You may choose between:

• All of the Decedent’s funeral expenses have been paid.
• The following amounts remain to be paid in connection with the Decedent’s funeral expenses.
  • Enter the following information in each column of the table provided for each of the amounts that remain to be paid.
    • Name
    • Address
    • Amount Owed
    • Description (you may use an extra sheet of paper if needed).

Line 5 - Claims

Check the appropriate box indicating the status of any claims against the estate. You may choose between:

• Except as listed above in connection with funeral expenses, there are no claims against the estate of which I am aware.
• The following are the only claims against the estate of which you are aware:
  • Enter the following information in each column of the table provided for each of the claims made against the estate.
    • Name
    • Address
    • Claim Amount
    • Description (you may use an extra sheet of paper if needed).

Line 6 - Medicaid Benefits

This line serves as confirmation that any money owed to the department of health and human services in connection with Medicaid benefits has already been paid or provided for.

Line 7 - Decedent’s Will

Check the appropriate box that indicates whether or not the decedent died with or without a will. You may choose between:

• Will
• No Will

Line 8 - Heirs

Check the appropriate box that indicates whether or not the Decedent has any remaining heirs or relatives. You may choose between:

• The Decedent has NO surviving relatives.
• The Decedent is survived by the following relatives:
  • Enter the following information in each column of the table provided for each of the remaining relatives that the decedent is survived by.
    • Name
    • Address
    • Age
    • Relationship to Decedent

Line 9 - Real Property Assets

Enter the following information in each column of the table provided for each of the decedent’s real property assets. You may use an extra sheet of paper if needed.

• Real Property Description
• Value
• Recipient’s Name

Then enter the total value of these real property assets.

Line 10 - Personal Property Assets

Enter the following information in each column of the table provided for each of the decedent’s personal property assets (excluding motor vehicles). You may use an extra sheet of paper if needed.

• Personal Property Description
• Value
• Recipient’s Name

Then enter the total value of these personal property assets.

Line 11 - Motor Vehicles

Enter the following information in each column of the table provided for each of the decedent’s motor vehicles. You may use an extra sheet of paper if needed.

• Make
• Model
• Year
• Value
• Recipient Name

Then enter the total value of these motor vehicles.

Line 12 - Total Value of Assets and Address and Contact Information

Enter the total value of all the assets described in Lines 9-11, then enter the following information in the spaces provided:

• Address
• Mailing Address (if different from residential address)
• Telephone Number

Relationship to Decedent

Check the appropriate box that indicates your relationship with the Decedent. You may check one of the following:

• Attorney
• Relative
• Heir
• Friend
• Other (Specify in the space provided)

State Laws

Enter the state under whose laws the information entered in the affidavit is being sworn to be true and correct.

Signature

Enter your signature and printed name in the space provided.

Notarization

State and County

Enter the state and county where the printed Affidavit of Small Estate PDF is being notarized in.

Date of Notarization

Enter the date that the form was notarized.

Name

Enter your full legal name.

State Laws

Enter the state under whose laws the affidavit is being sworn as being filed properly, and that all information provided with and for it is true and correct.

Notary Public Signature

Have the notary enter their signature in the space provided. The notary may else stamp the form or otherwise put their seal on the form here.

Tips when filling out an Affidavit of Small Estate

Affidavits are very important documents that require the signature of both a Notary and the Affiant. Make sure that all information you enter on the affidavit is true to avoid any legal consequences.

Ensure that you keep the form safe. Make sure that you do not leave the affidavit anywhere unsafe, and that you deliver it to the necessary places through secure and trustworthy means. This is important to avoid identity theft, as the affidavit asks for important and sensitive information such as your social security number.

Practice good contract management. Keep an extra copy or two of the accomplished affidavit in a safe and organized area for future legal purposes, or as a backup in the event that something happens to the original.

Legal counsel may be beneficial for you depending on what you need to file the affidavit for. While notaries may be legal professionals themselves, their purpose is to prevent fraud and confirm that you are aware of the information you have entered in the affidavit. If you require legal advice, consult a lawyer or other legal professional.