How To Use (3 Steps)
Step 1 – Ensure Estate Meets Requirements
Claiming personal property using this affidavit is only possible if the following statements are true[3]:
- The value of the entire estate, including contents of a safety deposit box, subtracting any liens and encumbrances, is not greater than $75,000.
- At least 30 days have elapsed since the decedent passed away or since their security deposit box was inventoried.
- No petition or application has been submitted to the court to appoint a personal representative.
- Affiant (the person completing the affidavit) is the next rightful owner of the property.
Step 2 – Complete Affidavit
Step 3 – Collect Property
The notarized affidavit shall be presented to any person or entity holding the decedent’s personal property, who is then obligated to release the claimed asset to the affiant.[4]