PROBATE - Affidavit for Collection of Personal Property - An Affidavit for Collection of Personal Property, also known as a Small Estate Affidavit, is a legal document that allows an heir or successor to collect a deceased person's personal property without going through formal probate, if the estate meets certain requirements.
Small Estate:
To use this process, the estate must be considered "Small," meaning its value, excluding real estate, is below a certain threshold, and this threshold varies from state to state.
General Requirements (these may vary some from state to state):
- At least 40 days must have passed since the decedent's death.
- No probate proceedings must be pending for the decedent's estate.
- The affidavit must be completed and signed by the heir or successor, stating their relationship to the deceased and their right to the property.
- The affidavit must be presented to the person or institution holding the property.
What to include in the affidavit:
- The affiant's or declarant's name and address
- The decedent's name and date of death
- The affiant's relationship to the decedent
- A description of the property to be collected
- A statement that the affiant is the successor to the decedent's interest in the property
- A statement that no other person has a superior right to the property
- A request that the property be paid, delivered, or transferred to the affiant
- The affiant's signature, under penalty of perjury, stating that the information is true and correct
Alternatives to Formal Probate:
If the estate is not a "Small Estate" or if other conditions are not met, a formal probate proceeding may be necessary.
Does not include any Court Costs or Filing Fees.
PROBATE - Affidavit for Collection of Personal Property (Nationwide)
PROBATE - Affidavit for Collection of Personal Property - An Affidavit for Collection of Personal Property, also known as a Small Estate Affidavit, is a legal document that allows an heir or successor to collect a deceased person's personal property without going through formal probate, if the estate meets certain requirements.
Small Estate:
To use this process, the estate must be considered "Small," meaning its value, excluding real estate, is below a certain threshold, and this threshold varies from state to state.General Requirements (these may vary some from state to state):
- At least 40 days must have passed since the decedent's death.
- No probate proceedings must be pending for the decedent's estate.
- The affidavit must be completed and signed by the heir or successor, stating their relationship to the deceased and their right to the property.
- The affidavit must be presented to the person or institution holding the property.
What to include in the affidavit:
- The affiant's or declarant's name and address
- The decedent's name and date of death
- The affiant's relationship to the decedent
- A description of the property to be collected
- A statement that the affiant is the successor to the decedent's interest in the property
- A statement that no other person has a superior right to the property
- A request that the property be paid, delivered, or transferred to the affiant
- The affiant's signature, under penalty of perjury, stating that the information is true and correct
Alternatives to Formal Probate:
If the estate is not a "Small Estate" or if other conditions are not met, a formal probate proceeding may be necessary.Does not include any Court Costs or Filing Fees.