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Small Estate Affidavit

A Small Estate Affidavit is a legal document that can be used to settle the estate of someone who has died without going through probate. The maximum value of a qualifying "small" estate is defined... Read more

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Making a Small Estate Affidavit

  • What is a Small Estate Affidavit?

    A Small Estate Affidavit is a legal document that can be used to settle the estate of someone who has died without going through probate. The maximum value of a qualifying "small" estate is defined by state law.

    Different from many other sites you might stumble upon, there is a lot more to Rocket Lawyer than affidavit templates. If you have questions about settling a loved one's estate, your Rocket Lawyer membership offers optional support from an attorney in our network.

  • How do I get a Small Estate Affidavit?

    It's very simple to prepare a free Small Estate Affidavit using Rocket Lawyer:

    1. Make the document - Answer a few simple questions and we will do the rest
    2. Send and share it - Ask any legal question, if needed
    3. Sign and make it legal - Notarization is strongly recommended

    This solution, in many cases, would be notably less time-consuming than finding and working with a conventional law firm to draft the entire document. When making the document it will be important to have important details on hand, such as a list of the property that will be distributed and its fair market value.

  • 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 has a value lower than a certain threshold set by the state. This value can range from $166,250 in California to $30,000 in Delaware. The majority of other states fall within this range, but it is best to ask a lawyer about your specific scenario.

  • 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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