what is a small estate affidavit

A small estate affidavit is a sworn written statement used to settle the estate of someone who has passed away. It is typically used when the individuals estate is considered small, which varies by state but generally means it is valued under a certain amount. By submitting a small estate affidavit, individuals may be able to expedite the settlement of an estate and claim assets outside of the formal probate process. The specific conditions for using a small estate affidavit vary by state, but generally, it can be used when the total dollar value of the decedent’s estate does not exceed the small estate limit in the state, and when the decedent did not leave behind a will. Only specific individuals, such as a spouse, domestic partner, children, or legal guardian of minor children, are eligible to complete a small estate affidavit form, and they must meet other conditions as well. The small estate affidavit process is generally more affordable and less complicated than formal probate proceedings, making it a viable option for handling smaller estates.