Laws
- Statute: § 59-1507b
- Maximum Estate Value(§ 59-1507b): $75,000
- Mandatory Waiting Period: Not mentioned in state statutes.
- Where to File: No filing required.
How to Record (3 Steps)
Step 1 – Qualifications
To qualify as a small estate, the following must be true:
- The value of the decedent’s property does not exceed $75,000.
- All debts, claims, and taxes due on the decedent’s account have been paid.
- The affiant is entitled to the estate by the decedent’s will or state succession laws.
- There is no pending or granted petition for the appointment of an executor or administrator of the decedent’s estate.
Step 2 – Complete and Notarize Affidavit
The affiant will need to complete the Small Estates Affidavit and attach a copy of the decedent’s death certificate and (if applicable) will. Once completed, the affidavit will need to be sworn before a notary public who will apply their notary seal.
Note: To claim any vehicles that are included in the estate, the affiant must also complete Claim of Heir and/or Beneficiary Affidavit.
Step 3 – Collect Assets
The notarized affidavit can be used to claim and collect the decedent’s assets by presenting the document to the individual, bank, company, corporation, or Department of Vehicles office holding the property and/or records. Assets will need to be distributed to the decedent’s heirs in accordance with their will or state law.