What paperwork is necessary for a small estate when the decedent died without a Will?
• There is a procedure whereby the assets of the small estate can be transferred to the surviving spouse without the necessity of Administration. An Affidavit of Surviving Spouse can be issued to the surviving spouse if the decedent did not have a Will and the real and personal assets of the decedent do not exceed $20,000.00. • A similar procedure is used when the decedent dies without a Will, leaving no surviving spouse, but does leave next of kin. In such a case, if the total value of the real and personal property of the decedent does not exceed $10,000.00 one of the next of kin, with the consent of the others, may file an Affidavit of Next of Kin in lieu of Administration. Both procedures can only be done when the decedent did not have a Will. If there is a Will, it must be probated.
