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Small Estate Affidavit

Collect a relative's bank accounts and other personal property without probate where your state allows it. Prepared for your state's verified rules.

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What this document does

A person entitled to inherit from someone who died swears to the facts that let banks and other holders release the decedent's personal property without a probate case, where the estate is under the state's verified value limit and waiting period. It does not transfer real estate, it is not a court petition or a court's own form, and LeaseCraft prepares it only in states whose small-estate rules it has verified at the official source.

What it covers

  • About This Document
  • The Affiant
  • The Decedent
  • Statements About the Estate
  • Property to Be Paid or Delivered
  • Persons Entitled to the Property
  • General Provisions
  • Oath

A template you fill in yourself from your own answers. LeaseCraft is not a law firm and does not give legal advice; for advice about your situation, talk to a lawyer.

How it works

1

Answer the questions

Plain-language questions about the people, dates and terms.

2

Preview it free

Read the document built from your answers and change anything before you download.

3

Download PDF and Word

Included with LeaseCraft Annual ($19.99/year).

Questions about the Small Estate Affidavit

It is a sworn statement by a person entitled to inherit from someone who died. In states that allow it, banks, employers and other holders may release the decedent's personal property to that person without a probate case, if the estate is under the state's value limit and any waiting period has passed.

No. LeaseCraft prepares it only where it has verified the state's value limit, waiting period and eligibility rules at the official source, and only where the state lets the affidavit be given directly to the holders of the property. Where a state uses a court petition or its own official form, the wizard says so and links to the official source.

No. This affidavit is for personal property such as bank accounts, vehicles, final paychecks and household items. LeaseCraft prepares it only when the decedent did not own real estate in their own name.

Each person making the affidavit signs it in front of a notary public or another officer who can administer oaths. The checklist that comes with the document explains your state's verified rules, each with the statute and the date LeaseCraft read it.

LeaseCraft is not a law firm and the affidavit is prepared from your answers without legal advice. If heirs disagree, the estate has debts it cannot pay, there is a blended family, a beneficiary with special needs, business interests, a taxable estate or property in more than one state, talk to a lawyer before you sign.

Create your Small Estate Affidavit

Answer the questions, then preview the finished document before you download it.

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