To avoid probate when settling an estate, the following requirements must be met^[3]:

• The estate value does not exceed $75,000.
• 60 days have passed since the decedent’s death.
• No application is pending or granted for the appointment of a personal representative.
• The will (if any) is filed with the circuit court of the county where the decedent lived.

The Small Estate Act Affidavit must be completed, signed by all known successors, and notarized.^[4] This Affidavit is limited to the collection of one of the decedent’s assets, and multiple Affidavits should be completed to claim multiple assets.

A successor can collect the assets on the others’ behalf by presenting the Affidavit to parties holding the decedent’s property, and they must then transfer the collected property to the entitled successor.^[5] It is not required by law to settle the estate’s debts and expenses before collecting and distributing assets.