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Small estate administration is a simplified court procedure that is an alternative to the longer probate process.This procedure asks the court to allow you to divide and distribute their property to people who either have a legal right to inherit or listed in the testator's will.
When you use a small estate affidavit , you have to pay the decedent's bills before paying money to anyone else. For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company.
A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.
The Illinois small estate affidavit provides a streamlined way for an heir-at-law of a decedent to gather and distribute the assets of the estate of a person who died, provided that no other petition to open an estate in probate court has been filed and that the assets of the person who died do not exceed $100,000.
Small estate administration is a simplified court procedure that is an alternative to the longer probate process. It is available when the person who dies did not own that much in assets. There is often a limit to the value of the property, such as $25,000 or $100,000.
In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.
Guadalupe County Small Estate Affidavit Checklist Individuals then fill out a form without reading the statute and without understanding Texas intestacy law. They pay a $261 filing fee and expect approval.