Finish line in the Small Estate Affidavit effortlessly

Aug 6th, 2022
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How to effortlessly finish line in Small Estate Affidavit

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How to Finish line in the Small Estate Affidavit

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hey everybody it's christopher small uh the owner of cms law firm we do estate planning we do probate we do it well today i want to talk to you about uh the definition or the term of probate estate when we're talking about the small estate affidavit a lot of uh that's a lot of words um before i get to that though i want to remind you if you have questions about this or anything else related to probate you can um get in touch with us and talk to us for free over the phone by going to probatemeeting.com okay so this is a question that i was asked today and had to go look up the answer to be sure of and i was sort of right and sort of wrong with the initial response that i gave and so i wanted to come here and talk about it so uh you can know what the answer is and so that i don't forget what the answer is in the future um the the the issue is what does the probate estate mean when we're talking about the small estate affidavit all right if you are in washington state okay there's this t...

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Use the Court Locator and find the probate court where the decedent was a resident. The State filing fee is $435.
Illinois law says a small estate affidavit needs to state the following: The name and address of the affiant, which is the person swearing out the affidavit who hopes to collect the assets from the estate, The name of the decedent, which is the person who died, The date and location of the death,
To file the affidavit, you must be either the executor of the decedents will if there is one, or someone who would inherit through Illinois state intestacy laws if there is no will.
Does a small estate affidavit need to be filed with the court in Illinois? A small affidavit does not need to be filed with a court. You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerks office.
The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.
Types of Property Exempt from Probate Community property with the right of survivorship; Payable-on-death bank accounts; Proceeds and benefits that are payable via a life insurance policy; and. Payments from a survivor annuity.
A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document.
One way is to set up a small estate affidavit. This document allows the executor of the estate to collect and distribute the assets without having to go through probate court. Another way to avoid probate is to set up a pay-on-death account for your assets.
If the decedent was single, personal property worth up to $50,000 is considered exempt property. Section 42.002 lists the following examples of exempt personal property: E. Home furnishings, including family heirlooms. Provisions for consumption (food and ingredients) Farming or ranching implements and vehicles.
An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.

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