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Affidavit of Small Estate

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Affidavit of Small Estate Basics

An Affidavit of Small Estate is used to simplify the probate process by transferring a deceased person's estate to their heirs or beneficiaries. However, in order to use an Affidavit of Small Estate, the estate must be considered "small". The rules and requirements of a small estate vary by state, but generally range from as little as $5,000 to as much as $150,000 in assets. The Affidavit of Small Estate is therefore used to inform a probate court that a particular estate meets the requirements of the state's small estate laws.

Use the Affidavit of Small Estate document if:

  • Your spouse or close relative has died without a will and you would like to finalize his or her estate matters.
  • You were named the personal representative or executor of an estate that qualifies as a "small estate" under the law.

**IMPORTANT: This form should not be used by residents of Florida, Georgia, Kentucky, New Hampshire, West Virginia, and Wisconsin.

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