Small Estate Affidavit

Category:
State:
Multi-State
Control #:
US-S033ST
Format:
Word; 
Rich Text
Instant download

Description

A small estate affidavit allows the heirs of an estate to bypass the probate process and take immediate possession of the Decedent's property. A Small Estate Affidavit is a legal document used to transfer assets when someone dies without a will. This document is also known as a Small Estate Affidavit of Collection, or an Affidavit for Collection of Personal Property. The affidavit is typically used when the decedent's estate is small and does not exceed the state's "small estate limit." The small estate limit varies by state, but generally ranges from $25,000 to $150,000. The Small Estate Affidavit must be notarized. It must be filed with the probate court in the county where the decedent resided. The affidavit is typically filed by the decedent's personal representative (PR), who is named in the affidavit. The PR is typically a close family member or friend of the decedent, or the decedent's attorney. The Small Estate Affidavit must include information about the decedent, such as his or her name, address, date of birth, and date of death. It must also include information about the decedent's assets, such as bank accounts, investments, real estate, and other property. There are two types of Small Estate Affidavits: the Uniform Probate Code (UPC) Small Estate Affidavit and the Non-Uniform Probate Code (NPC) Small Estate Affidavit. The UPC Small Estate Affidavit is accepted in all U.S. states and is typically simpler and faster to file than the NPC Small Estate Affidavit. The NPC Small Estate Affidavit is accepted in some states and is more complex and time-consuming to file than the UPC Small Estate Affidavit.

A Small Estate Affidavit is a legal document used to transfer assets when someone dies without a will. This document is also known as a Small Estate Affidavit of Collection, or an Affidavit for Collection of Personal Property. The affidavit is typically used when the decedent's estate is small and does not exceed the state's "small estate limit." The small estate limit varies by state, but generally ranges from $25,000 to $150,000. The Small Estate Affidavit must be notarized. It must be filed with the probate court in the county where the decedent resided. The affidavit is typically filed by the decedent's personal representative (PR), who is named in the affidavit. The PR is typically a close family member or friend of the decedent, or the decedent's attorney. The Small Estate Affidavit must include information about the decedent, such as his or her name, address, date of birth, and date of death. It must also include information about the decedent's assets, such as bank accounts, investments, real estate, and other property. There are two types of Small Estate Affidavits: the Uniform Probate Code (UPC) Small Estate Affidavit and the Non-Uniform Probate Code (NPC) Small Estate Affidavit. The UPC Small Estate Affidavit is accepted in all U.S. states and is typically simpler and faster to file than the NPC Small Estate Affidavit. The NPC Small Estate Affidavit is accepted in some states and is more complex and time-consuming to file than the UPC Small Estate Affidavit.

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Small Estate Affidavit