Free Small Estate Affidavit Form

A small estate affidavit (abbreviated as SEA) is a document used to claim inheritance from a decedent who died intestate (without a will). It applies to estates of lesser value as per the state’s small estate monetary limits. The document is used to bypass the long probate process that requires heirs to obtain a court order before distributing the decedent’s assets. The affidavit is thus a legal document that must be appropriately written to ensure it is enforceable. Hence, it is advisable to use a pre-made template like the one provided in this article.

Free Template

This template has been created to include all the fundamental elements of a small estate affidavit. These include the decedent, affiant/petitioner, heirs, estate description, distribution framework, execution, and notarization. Consequently, it saves you time by offering a starting point and guiding you on how to fill all the sections.

How to Fill This Template

This is a simple yet effective template. It is created to meet the fundamental states’ requirements of small estate affidavit. Here is a breakdown of how to use this template to create a compliant affidavit. 

Firstly, it begins by providing placeholders to establish the jurisdiction under which the affidavit will be enforced. You should indicate the name of the state and county where the decedent resided.

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Next, it prompts you to record when the affidavit was prepared and provide personal details of the decedent. As the template directs, indicate the decedent’s name, date of death, county, and state where they passed away. The death certificate will be used to verify this information, so ensure it is recorded accurately, or else the petition can be rejected on this basis.

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Then, the person preparing and filing the petition should provide their details, including name and mailing address. Typically, this will be a family member.

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In the next two sections, you must confirm that the petition has satisfied the state’s small estate affidavit requirements – number of days elapsed before filing the petition and statutory amount – as guided by the template. The number of days should exceed the state’s limits, while the statutory amount should be below the state’s limit. Remember, these figures vary per state. So, always verify the correct threshold to avoid denial. 

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The next sections allow you to describe the estate. As the template directs, enlist the assets and property and their corresponding values. Also, specify the debts and liabilities associated with the decedent’s estate as well as their value. This is done because debts and liabilities with parties, such as creditors, banks, landlords, etc., must be settled before the estate is transferred to the heirs. 

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Next, the template prompts you to define the estate’s distribution. First, enlist the entitled heirs by indicating their names, relationship to the decedent, and contact information. It is important to know the hierarchy of survivorship in your respective jurisdiction; however, typically, the order begins with ownership, such as joint ownership or community property with spouses, then beneficiaries, like descendants, parents, siblings, etc. Then, enlist which property will be allocated to each heir identified above. This section fulfills the core purpose of the affidavit.

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In the next section is an official statement declaring that the estate has no pending administration and is not and will not be subjected to probate and the governing law of the affidavit. This prevents undermining two official legal processes in administering and transferring the estate. 

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In the execution section, the affiant/petitioner must supply their signature, name, and date of signing as a testament that the content is true to the best of their knowledge. This section is followed by a notary acknowledgment at the bottom of the template. Notarization requirements may vary per state; however, notarizing the document enhances its credibility and increases the chances of acceptance by the probate office clerk. Other states may require two disinterested witnesses.  

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This template has been offered in the following formats – Google Docs, MS Word, Word Template (.dotx), and OpenDocument Text (.odt). While the file formats are different, the documents are not variations of this template. So, you are free to use the format best suited to your preference and need.

How to File the Document

You should wait for the state’s specified number of days before filing the affidavit – typically, this will be 15-60 days. During this period, the heirs gather information on the decedent’s assets and property, calculate their value, and compile the required documents, such as the death certificate and asset titles. Then, the affidavit should be completed, and all family members entitled to the inheritance should be notified. Remember to attach the decedent’s death certificate at the end. Next, the affidavit should be filed with the probate office; typically, there will be a filing fee. Lastly, wait 5-15 days for processing; it can be accepted or rejected.