• Maximum Estate Value: $40,000^[1]
• Mandatory Waiting Period: 30 days^[2]
• Where to File: Probate Court^[3]

Before filing, the person who files the affidavit, called the “affiant,” must verify that the estate satisfies the following conditions^[4]:

• At least 30 days have passed from the date of death.
• The value of the decedent’s property does not exceed $40,000, less liens, debt, and encumbrances.
• The decedent’s will (if any) has been admitted into probate within the required time restrictions.^[4]

The affiant is required to obtain a bond in an amount equal to the decedent’s personal property.^[5] However, if all heirs agree that the bond be waived, they may sign the appropriate portion of the document to request the court waive the requirement.

The affiant must fill out the Affidavit to Establish Title of Distributee and provide their signature in the presence of a notary public. The following must be attached to the affidavit:

• Death certificate;
• Confidential Case Filing Information Sheet;
• Redaction Certification (GN320) (instructions);
• Funeral bill with proof of payment; and
• Verification of property owned by the decedent (e.g., titles, certificates).

The above documents must be submitted to a clerk of the Probate Court. Some counties may require additional documentation.

If there have been redactions, copies of both the redacted and unredacted documents must be filed. Once approved, the clerk will attach a certificate stating specific facts about the estate. The clerk will then provide the affiant with copies of the affidavit and certificate.

If the value of all property in the estate exceeds $15,000, the probate clerk must publish a notice to inform creditors of their right to claim any unpaid debt.^[6] This publication shall be made in a local newspaper once per week for two consecutive weeks. A proof of publication document must be filed with the court within ten days of completion.

After the affidavit has been approved, the affiant will be permitted to collect the decedent’s property and transfer it to the heirs. To transfer real estate ownership, the heirs must file a copy of both the affidavit and the clerk’s certificate with the recorder of deeds.^[7]

If the decedent owned a vehicle but didn’t name a Transfer on Death (TOD) beneficiary, the heir will need to file a title application (Motor Vehicle – Watercraft) with the Department of Revenue (see FAQ for more information).