Instructions and Forms for Using a Small Estate Affidavit to 2026

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  1. Click ‘Get Form’ to open the Small Estate Affidavit in the editor.
  2. Begin by filling in the decedent's name and date of death in Section A. Ensure you have a copy of the death certificate ready for submission.
  3. In Section B, confirm that more than 30 days have passed since the decedent's death. This is crucial for eligibility.
  4. Complete Sections C through F by providing details about residency, will status, and total estate value. Be precise with asset values; they cannot be 'unknown'.
  5. List all assets and their values in Section I. Include detailed descriptions to avoid confusion during processing.
  6. In Section J, document all liabilities associated with the estate. This includes debts like credit cards and medical bills.
  7. Fill out family history sections (K through M) accurately to clarify heirs' relationships and entitlements.
  8. Finally, ensure all distributees sign the affidavit as required, including disinterested witnesses if necessary.

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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.
Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
Overview of Small Estate Affidavit in Georgia An affidavit of a small estate in Georgia simplifies the transfer process from one who has died to his estate without going through formal probate. This document applies when the total value is under $10,000, excluding real estate.
No. You are not required to hire a lawyer to file a Small Estate Affidavit in Texas. Many probate courts offer downloadable forms and clear instructions for filing. For example, Harris County provides a very good small estate affidavit form (pdf), as well as detailed instructions for filling it out.
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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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.

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