• Maximum Estate Value: $275,000 ($75,000 for personal property, $200,000 for real property)^[1]
• Mandatory Waiting Period: 30 days^[2]
• Where to File: Circuit Court

The following conditions must be met to file a Simple Estate Affidavit^[3]:

• 30 days have passed since the decedent’s death.
• The estate value doesn’t exceed $75,000 in personal property and $200,000 in real property.
• There are no other probate cases or personal representatives appointed for the estate.
• The affiant is an heir, devisee, creditor, or personal representative named in the will.
• The affiant is over 18 and has no criminal record.

The Affidavit must be completed, signed before a notary, and filed with the circuit court clerk^[4]. The form must have the death certificate and will attached, if any.^[5] An Affidavit of Attesting Witness or Affidavit Regarding a Genuine Signature must be provided with a will.^[6]

Within 30 days of filing, the affiant must send copies of the Affidavit and attachments to the estate’s beneficiaries, creditors, and any other required parties listed in the form.^[7]

The affiant must use estate assets to cover expenses such as funeral costs, taxes, and debts.^[8] Consent from a beneficiary may be required before selling assets to cover expenses.^[9] Claims against the estate must be brought within four months of filing.^[10]

It is recommended to wait four months after the Affidavit’s filing before distributing the estate. Once this period passes, the affidavit can be used to collect assets and distribute them to the beneficiaries.^[11]