MAKE YOUR FREE Small Estate Affidavit
What is a Small Estate Affidavit?
A Small Estate Affidavit is a legal document that you can use to settle a small estate when there's no will. To shorten the time that a decedent's estate needs to be managed by the probate court, many states have separate procedures for small estates – which is where Small Estate Affidavits are useful.
The maximum value of a qualifying "small" estate in a Small Estate Affidavit is defined by state law. 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.
Each Small Estate Affidavit form from Rocket Lawyer can be completely personalized to address your specific situation. Your Affidavit will be assembled piece by piece so you can feel confident that it has the correct details within.
When to use a Small Estate Affidavit:
- 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.
Sample Small Estate Affidavit
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STATE OF
OF
| d. | I am a successor of the Decedent's estate and am at or over the age of majority and am legally competent in all respects to make this affidavit. |
| d. | The affiant or declarant is the successor of the decedent (as defined in Section 13006 of the California Probate Code) to the decedent's interest in the described property. |
| f. | No letters of office are now outstanding on the Decedent's estate, and no petition for the appointment of a personal representative has been granted or is pending in or in any other State to my knowledge. |
| f. | No proceeding is now being or has been conducted in California for administration of the decedent's estate. |
| h. | The decedent's Social Security Number is |
The Total value of the decedent's property subject to administration in Wisconsin at the date of death did not exceed $50,000.
The gross value of the Decedent's entire estate including real property, wherever located and including contents of a safe deposit box but excluding liens and encumbrances, does not exceed .
The gross value of the Decedent's entire estate including real property, wherever located, excluding liens and encumbrances, does not exceed .
The current gross fair market value of the decedent's real and personal property in California, excluding the property described in Section 13050 of the California Probate Code, does not exceed one hundred sixty six thousand two hundred and fifty dollars ($166,250).
The Decedent's estate does not include real property. The gross value of the Decedent's entire estate wherever located and including any contents of a safe deposit box, excluding liens and encumbrances, is , which does not exceed the state limit of $50,000.
The value of a decedent's gross probate estate, less liens and encumbrances, does not exceed $50,000.
The gross value the entire estate including real property less liens and encumbrances of a decedent does not exceed $50,000.
To be eligible for voluntary administration, the decedent must have been a resident of Massachusetts and left an estate consisting entirely of personal property valued at $25,000 or less (excluding the value of a car) and 30 days or more have passed from the date of the decedent's death.
In the State of Oklahoma, a petition for summary administration may be filed by any person interested in an estate that meets the conditions, the value of the estate is less than or equal to Two Hundred Thousand Dollars ($200,000.00).
. Minor's Age:
The surviving spouse is the natural or adoptive parent of
, Minors Age: and codicil(s) dated| 1. | The Decedent has no surviving spouse, domestic partner or minor children. |
Minors Age: and codicil(s)
The following property is to be transferred under §867.03(1g), Wisconsin Statutes.
No other person has a superior right to the interest of the decedent in the described property. The affiant or declarant requests that the described property be paid, delivered, or transferred to those persons named below.
The Decedent has no personal property to distribute.
| Property Description | Fair Market Value |
The Decedent has no personal property to distribute.
| Property Description | Fair Market Value |
| Make | Model | Year | Fair Market Value |
| Total Fair Market Value of Decedent's Personal Property: |
| Total Fair Market Value of Decedent's Personal Property: |
The Decedent has no real property to distribute.
| Real Property Description | Fair Market Value |
The Decedent has no motor vehicles to distribute.
| Make | Model | Year | Fair Market Value |
| Total Fair Market Value of Decedent's Motor Vehicles: |
, , ; None.None.None.
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing Affidavit, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing Affidavit, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing Affidavit was acknowledged before me this _____ day of ____________________, _____, by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
The foregoing Affidavit was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification, and being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
This Affidavit was acknowledged before me on this _____ day of ____________________, _____ by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing Affidavit, and, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Affidavit, and, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Affidavit, who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by , who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
In witness whereof I hereunto set my hand and official seal.
_________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
| _________________________________ |
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within Affidavit and acknowledged to me that he/she executed the same in his/her authorized capacity, and who, being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the best of his/her information, knowledge and belief.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
notary public and two disinterested witnesses who should also sign the AffidavitClerk of the Probate Court in the county where it will be filednotarizedcertified30 40 45 At least 14 days before filing this Affidavit, you should send notice by personal service or certified mail to anyone whose right to the decedent's property is equal to yours or greater (generally, any other heirs). This notice should describe the property and note the portion that you are claiming.
The Texas Rule of Civil Procedure 78a requires that all Small Estate Affidavits include a Civil Case Information Sheet when filed with the Clerk of the Court. The sheet is obtainable online, at https://texaslawhelp.org/sites/default/files/pr-gen-116_civil_case_information_sheet.pdf.
Additionally, the county where this Small Estate Affidavit is being filed may require an additional cover sheet, such as a Probate Court Information Sheet. Call the Clerk of the Court to ask if your county requires such forms.
Small Estate Affidavit FAQs
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How do I get a Small Estate Affidavit?
It is very easy to get what you need with a free Small Estate Affidavit template from Rocket Lawyer:
- Make the document - Provide a few simple details and we will do the rest, or learn more information about how to make a Small Estate Affidavit.
- Send and share it - Look over it with an attorney, if desired
- Sign it - Sign your Affidavit and make it legal
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.
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Do I need to work with a lawyer for my Small Estate Affidavit?
Making a Small Estate Affidavit is usually easy to do; however, you may still need advice. The answer will vary depending on whom you approach, but often some lawyers will not even agree to review a document that they did not work on. An easier approach worth consideration is to go through Rocket Lawyer network of attorneys. By signing up for a Premium membership, you have the ability to request advice from an attorney with relevant experience or pose additional questions about your Affidavit. We're always here to help.
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How much does a Small Estate Affidavit cost?
The cost of finding and working with a traditional legal provider to make a Small Estate Affidavit might total anywhere between two hundred and one thousand dollars, depending on where you are and how complicated it is. Different from most other Affidavit template providers that you might find elsewhere, Rocket Lawyer gives members up to 40% in savings when hiring a lawyer, so an attorney can review the situation and take action if you ever need help.
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Is anything else required once I make a Small Estate Affidavit?
After completing your customized Affidavit with Rocket Lawyer, you will be able to see it on any device, anytime. With a membership, you may make edits, print it out, and/or sign it. Attached to each Small Estate Affidavit Form, there also is a checklist of helpful tips to follow while finalizing the document.
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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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