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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.
The monetary limit is currently $100,000 for the surviving spouse and $35,000 for any one else. Where there is a surviving spouse there must be proof of a valid marriage under Ohio Revised Code 3101.
The spouse and minor children of the deceased receivethe first $40,000 of the probate estate as a family allowance.
The basic requirements are as follows: Release from Administration There is a surviving spouse who is the sole beneficiary and the estate is worth no more than $100,000, or there is no surviving spouse and the estate is worth no more than $35,000.
Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.
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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.

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