Build your own free Small Estate Affidavit form personalized with your own state, county or parish information. Do it yourself and save money with our free Small Estate Affidavit form. It takes only 5 minutes to fill out and the form is completely online.
A Small Estate Affidavit is a sworn statement signed under oath by an heir or heirs of an estate that the estate’s value is worth an amount small enough to avoid or shorten probate.
Depending on the size of the estate and the state where you reside, you may qualify for an uncomplicated procedure for heirs of small estates. This procedure involves the use of a Small Estate Affidavit.
Small Estate laws allow heirs the right to receive property without the long process of probate. In many states, heirs can shorten or avoid probate. A Small Estate Affidavit is especially useful for quick access to bank accounts and market securities.
Free Small Estate Affidavit Form
Your free Small Estate Affidavit form should be prepared by the executor of the will or the person with the most knowledge of the deceased’s assets. If the Decedent dies without a will, then the spouse and heirs must prepare the Affidavit.
Sample Free Small Estate Affidavit Form
Feel free to copy and paste the free Small Estate Affidavit form below and insert it into a Word document. It is a generic form that can be tailored to fit your needs.
Affidavit of Small Estate
State of __________________
County of _________________
The undersigned state(s) as follows:
1. _______________________________________ died on ___________, 20____, in the County of
_____________________________, State of _________________.
2. At least _______ days have elapsed since the death of the decedent, as shown in a certified copy of the decedent’s
death certificate attached to this affidavit or declaration.
3. No proceeding is now being or has been conducted in ______________ for administration of the decedent’s
The decedent’s personal representative has consented in writing to the payment, transfer, or delivery to
the affiant or declarant of the property described in the affidavit or declaration.
4. The current gross fair market value of the decedent’s real and personal property in _____________, excluding the
property described in ____________________ Probate Code, does not exceed _____________________.
5. An inventory and appraisal of the real property included in the decedent’s estate is attached.
There is no real property in the estate.
6. The following property to be transferred, delivered, or paid to the affiant under the provisions of _________________:
7. The successor(s) of the decedent, as defined in _________________ is/are:
8. The undersigned
The affiant or declarant is the successor of the decedent to the decedent’s interest in the described property.
The affiant or declarant is authorized under _______________________________ to act on
behalf of the successor of the decedent with
respect to the decedent’s interest in the described property.
9. No other person has a superior right to the interest of the decedent in the described property.
10. The affiant or declarant requests that the described property be paid, delivered, or transferred to the affiant
The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of ______________ that
the foregoing is true and correct.
The Affidavit of Small Estate must also be notarized. (Be sure to include notary information here.)