A Small Estate Affidavit is a legal document that allows property from a Will to be transferred without it having to go through the probate process. The affidavit will generally list the parties involved, the property to be transferred, and other important information. The affidavit is usually sent to the party or entity that is holding the property, and acts similar to an order requiring them to release the property at the specified time.
When the deceased person’s property is small enough that it does not need to be managed through formal, traditional probate process. In most states, there is a “ceiling” or maximum amount that is used to define a small estate.
In most states, small estate affidavits cannot be used if:
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