What is a small estate affidavit?
Probate refers to the legal process of distributing a person’s property upon their death. If there is a will, the court will consider the will and make sure that the debts, taxes, and expenses of the decedent are paid before the remaining assets are distributed to the heirs and beneficiaries. If there is no will, but the decedent’s assets, exclusive of real estate, are less than $50,000, a Small Estate Affidavit can be filed with the probate court.
In this situation, a person can file a Small Estate Affidavit, which will enable them to administer the estate without further order(s) from the probate court.
- Please note that the Small Estate Affidavit cannot be used to transfer real property, unless the real property is a homestead and the homestead is the only real property in the state.
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