Small Estate Affidavit

Where the decedent lived

The value limit, the waiting period and who may use a small estate affidavit depend on the state. LeaseCraft prepares this affidavit only where it has verified those rules at the official source and the state lets the affidavit be given directly to the people holding the property; for other states it tells you so and links to the official source.

In which state did the decedent live when they died?

The affidavit is prepared for that state's rules and collects property there. If the decedent lived in one state and left property in another, talk to a lawyer or the court in the other state.

The person who died (the Decedent)

Enter the decedent's name and the address where they lived when they died.

Decedent's full legal name

Use the name exactly as it appears on a government-issued ID, including any middle name or suffix.

Street address

City

State

ZIP code

County optional

The county where this address is. Leave blank if you are not sure.

The death

Date of death

Use the date on the death certificate. Holders of property usually ask for a certified copy.

City or town where the death occurred

State (or country) where the death occurred

Did the decedent leave a will?

Yes No

Answer yes if you know of a signed will, even if nobody has filed it with a court. Some holders ask for a copy.

You (the Affiant)

The Affiant is the person who signs this affidavit under oath - you.

Affiant's full legal name

Use the name exactly as it appears on a government-issued ID, including any middle name or suffix.

Street address

City

State

ZIP code

County optional

The county where this address is. Leave blank if you are not sure.

Your right to the property

How are you related to the decedent?

Are you entitled to inherit from the decedent, either under the will or, if there is no will, as an heir?

Yes No

This affidavit is made by a person who inherits. If you are a creditor, a funeral home or a friend helping the family, do not use it; talk to the court or a lawyer.

Will a second person entitled to inherit sign this affidavit with you?

Yes No

Some holders prefer that every adult who inherits signs. Each signer swears to the same statements.

The second signer (Co-Affiant)

The second signer's relationship

The estate

A small estate affidavit is only for estates below the state's value limit, with no probate case, and - in this LeaseCraft document - no real estate in the decedent's own name.

Has anyone applied to a court, anywhere, to be appointed personal representative (executor or administrator) of the estate, or been appointed?

If a probate case has been opened, the personal representative collects the property and this affidavit is not used.

Did the decedent own any real estate (a house, land, a condominium) in their own name, alone or as a tenant in common?

Yes No

Real estate the decedent owned jointly with someone who has a right of survivorship passes to that person and does not count here. This LeaseCraft affidavit is only for estates without other real estate.

Total value of everything the decedent owned in their own name, less what is still owed on it

Add up bank accounts, vehicles, final wages, investments, household goods and everything else the decedent owned alone, at its value on the date of death, less any loan secured by it. Leave out property that passes directly to someone else (joint accounts with right of survivorship, payable-on-death accounts, life insurance with a named beneficiary). Some states leave other items out of their limit too; this affidavit does not, so include them - the total is checked against your state's limit for the date of death.

Have the decedent's funeral expenses, the expenses of their last illness and their other known debts been paid or provided for?

Yes No

"Provided for" means there is a clear arrangement to pay them. If debts cannot be paid in full, talk to a lawyer before collecting anything.

Property to collect

List each item of personal property you will ask someone to pay or deliver - for example a bank account (name the bank), a final paycheck (name the employer) or a vehicle (the title agency). Up to eight items.

How many items will you list?

List every item you will collect with this affidavit. For more than eight items, talk to a lawyer or the court.

Item 1 - what it is

Item 1 - who holds it or owes it

Item 1 - approximate value optional

Everyone entitled to the property

List every person entitled to a share of the property - under the will, or as an heir if there is no will - including yourself. Up to six people.

How many people are entitled to a share?

Include yourself and anyone who signs with you. For more than six people, talk to a lawyer or the court.

Person 1 - full name

Person 1 - relationship to the decedent

Person 1 - share of the property

The share this person is entitled to under the will or, if there is no will, as an heir.

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Where the decedent lived

The person who died (the Decedent)

The death

You (the Affiant)

Your right to the property

The second signer (Co-Affiant)

The second signer's relationship

The estate

Property to collect

Everyone entitled to the property

Review your answers

Fix these before continuing

Worth checking

Why LeaseCraft?