To file an Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding, the following must be true and stated in the form^[4]:

• At least 30 days have passed since the decedent’s death.
• The total estate value does not exceed $45,000 and excludes real property.
• No personal representative is appointed or in the process of being appointed.
• The affiant is a successor or a person who paid reasonable funeral expenses.

Once the Affidavit is completed and notarized, the affiant must file it with the probate court, along with the will (if any) and death certificate.^[5] If any liens or encumbrances are affecting the estate, proof must be included in the filing.

If the Affidavit is approved, the judge will sign an order authorizing the estate’s distribution and the affiant will receive a court-approved copy of the form.^[6] This document is shown to third parties to collect the decedent’s assets, which are then distributed to the successors.^[7]