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Complete the affidavit: Fill out the form with the decedents information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
A: No, a small estate affidavit can only be used if the person died without a valid will. Q: Is an attorney required to complete a small estate affidavit? A: No, an attorney is not required. However, Isaac Shutt recommends that people seek help from a probate attorney, particularly if you are unsure about the process.
Youll need to get a tax identification number for the estate called an employer identification number (EIN). An estate is required to file an income tax return if assets of the estate generate more than $600 in annual income.
Is An Attorney Necessary in Probate? Yes, when a regular decedents probate is undertaken. An attorney is required to represent the personal representative in both supervised and independent ad- ministrations in Missouri. A lawyer can assure that all deadlines are met and avoid mistakes and delays.
Obtain a blank small estate affidavit form. In most cases, you can find it by visiting the probate court website. Note that this should be the court located in the county in which the decedent lived. Most county websites offer a self-help center where the form can be downloaded online.
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