Small Estate Affidavit
When someone dies without a will this is an affidavit filed in the probate court that is used to declare or identify the heirs of a deceased person and state ownership of real and personal property. This must be approved by a probate judge. The criteria for using this process are as follows:
- Decedent must have died without a will;
- No petition has been filed for the appointment of a personal representative;
- Thirty (30) days have elapsed since the death of decedent; and
- The value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000.
Contact a qualified probate attorney for more information on the probate process.