What is required for a small estate affidavit?
The requirements for the collection of a small estate by affidavit are that: (1) there is no will being offered for probate and no petition for dependent administration pending; (2) the value of all of the estate assets, not including homestead and exempt property, does not exceed $50,000; (3) 30 days has elapsed since the decedent’s death; and (4) two disinterested witnesses file a sworn affidavit concerning heirship. What effect does a small estate affidavit have? Persons dealing with distributees of assets from the small estate are released to the same extent as if they dealt with a personal representative of the estate. Distributees can bring action to force delivery of the estate property and the distributees will be liable to any creditors or anyone else having a prior right to the property. This procedure does not transfer title to real property, except for a homestead. If a person dies without a will, who inherits? If a person dies without a will (or “intestate”) the heirs and
