An Affidavit for Small Estate can be used if the estate value is under $50,000 and 45 days have passed since the decedent’s death. The Affidavit cannot be used for real estate or if a petition has been filed for the appointment of a personal representative.^[4] The court may waive the 45-day waiting period requirement if good cause is shown.^[5]

After the waiting period has passed (if applicable), the affiant may complete the Affidavit and file it with the Probate Court in the county where the decedent lived.^[6] The clerk will provide the affiant with certified copies of the Affidavit. Filing is subject to fees.

The affiant is required to secure a bond equal to the estate value payable to the court clerk.^[7] No bond is required if:

• The affiant is the sole beneficiary of the estate; or
• All adult beneficiaries provide written consent to the affiant serving without bond.

The affiant is automatically released from the bond liability one year after filing the Affidavit.^[8] The certified copies may be used by the affiant to collect the decedent’s property from third parties and distribute it to the heirs^[9].