A small estate affidavit is a legal document that gives you the freedom to transfer property ownership to someone without going through the probate process. The form is used to transfer the property of a deceived person according to their will. Usually, these affidavits require proper proof and references to transfer the ownership.
We will share some of the best small estate affidavit programs that you can use to get the work done on this page. In this agreement, you need to mention the property details, interested parties, and the will of the deceased person who is the property’s current owner.
There is a process of filing this form with the court to proceed with the registration and ownership transfer work.
So let’s start and learn a few things about this form before covering how you can do it.
What is a Small Estate Affidavit Form?
As mentioned earlier, a small estate affidavit helps transfer the ownership of a property without completing the traditional process. With this form, the direct heirs can receive the property in a short time. It is helpful when the deceased person does not have any will to deal with the property.
Using this form requires a proper process to be completed in the court of the jurisdiction of the state. However, this process is way easier than probate and makes it easier for you.
We recommend you try this solution (CocoDoc) to simplify the process with proper templates. Here’s everything you need to know about it.
CocoDoc works by offering different templates to create a small estate affidavit form. The best part is that you do not need to write any technical statement as it already covers them. However, you can choose the template according to your requirements and get the required solution.
Millions of users for the same trust the website. Our guide includes using CocoDoc’s templates in applying. You can simply download the form and fill it to submit it to the authorities.
Important Things to Consider While Filing Small Estate Affidavit
Before we cover the exact steps to file for a small estate affidavit, here are a few things you should consider:
- Does Deceased Property Qualify as a Small Estate?
The first thing to consider is whether the property qualifies as a small estate. Although every state has a different rule to check the worth of the property, the basic rule is that the property must be less than $50,000. That is why you need to get an estimated value of the property before filing for it.
You can ask a realtor to find the estimated value of that property to know more about it. If the worth is more than $50,000, we recommend you follow the probate process and do it the traditional way.
- Can you Prove Your Relationship With the Deceased?
Another important thing is to understand the working of the small estate affidavit. It is helpful only when you can prove a direct relation with the deceased. For this, you need to find some legal documents to prove yourself an heir of the person. Doing this will improve your chances of getting the ownership of the property easily.
We recommend reading the small estate affidavit rules of your state to learn more about it. The main reason is the difference in the rules of each state.
- Is there Already a Will?
Filing for a small estate affidavit when there is already a will can raise some problems for you. It is important to understand the will gets the priority in this matter, and you can not file for an affidavit in such cases. However, if you believe there are some problems with the person’s written will, you can challenge it in the court.
Note: If you are facing this problem, we recommend taking legal help from a professional.
- Has Enough Time Passed?
Every state has a rule that a small estate affidavit can be passed at least after two months of that person’s death. Therefore, you must check whether enough time has passed to the death of the owner.
How to File a Small Estate Affidavit?
Follow these steps to understand the process of small estate affidavit:
Fill out the Form
You can start by filling out the small estate form available on CocoDoc’s page. It will help you fill out all the information there. Mention the name and address of all the concerned parties. After that, you can create a list of property or assets that you want to claim.
The next step is to attach the required documents with the form. Some of the documents are-
- Death Certificate Of the Owner
- Your ID
- Original Documents of Assets
- Original Will
Submit The Application
The last step is to apply to the concerned department. You will need to start with the court process by submitting all the documents. After that, you will get the instructions from there.
You can also take some legal assistance in the process. It is because these rules keep changing, and you would not want to trouble yourself with that.
The online small estate affidavit program is quite helpful in transferring the ownership of a property. The templates we shared on this page will make it much easier for you. The whole process involves this form and some other documents to complete the ownership. However, every state has a different rule, and it may depend on where you live.
That is why we recommend taking legal assistance for the job. It will not only provide you with the required information but will also help you apply.