When someone dies without a will, this affidavit is 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:
Person (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 the decedent; and
The value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000.
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