Small Estate Affidavit Policy 2026

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  1. Click ‘Get Form’ to open the Small Estate Affidavit Policy in the editor.
  2. Begin by filling in the decedent's name and date of death in Section A. Ensure that 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 Section C by indicating the county of residence at the time of death. If it’s not Bexar County, provide supporting facts for venue.
  5. Proceed to Sections F and G to declare the total value of estate assets and liabilities. Be precise with asset values; they cannot be listed as 'unknown'.
  6. In Section I, list all assets with detailed descriptions and their respective values. Include community vs. separate property distinctions if applicable.
  7. Fill out Section J with all liabilities, ensuring no debts are overlooked. If there are none, simply write 'none'.
  8. Complete family history sections (K through L) accurately to identify heirs and their shares in the estate.
  9. Finally, gather signatures from all distributees and two disinterested witnesses as required in the affidavit section.

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Typically, small estate affidavits are used when there is no Will, but some states might still allow it to be used alongside a Will based on various legal requirements.
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. docHub the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
New York law allows families of persons who die with personal property having a value of $50,000 or less to collect money and property of the decedent (the person who died) without court administration.
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