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Small Estate Affidavit basics

A Small Estate Affidavit is often used when a spouse or family member has passed. Using an Affidavit will allow you to fast track the resolution of an estate through probate court. It's a good way to help you resolve final estate matters for a deceased person who died without a will and with a "small estate."

How do I get a Small Estate Affidavit?

Making a free Small Estate Affidavit online is simple. Just answer a few questions, and Rocket Lawyer will build your document for you. Consider these questions beforehand to make the process speedier:

  • Where will this small estate affidavit be filed?
  • When and where did the decedent die?
  • Who is the decedent survived by?
  • Provide a description and fair market value for each item of personal property that will be distributed.

If you don't have all of the details you need, you can skip questions, and save your document for later.

Why do I need a Small Estate Affidavit?

Settling an estate can be a lengthy process. A Small Estate Affidavit can help you speed up the process when there is no Last Will and the estate is smaller than $150,000 in assets.

How much does a Small Estate Affidavit cost?

Depending on the attorney, the cost of a Small Estate Affidavit can cost anywhere from $200-$400. With Rocket Lawyer, you can make one for free.

Does a Small Estate Affidavit need to be notarized?

It depends. Certain states require that a Small Estate Affidavit be notarized, but others may only require that it be signed "under penalty of perjury." Ask a lawyer or check with the probate court in the county where the deceased was a resident for more information regarding your state's notary requirements.

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Sample Small Estate Affidavit

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