What is a Small Estate Affidavit?
When an estate value is smaller than $100,000 you may be able to avoid probate by using a Small Estate Affidavit to transfer personal property to the decedent’s heirs. Small Estate Affidavits are generally used to transfer automobile titles and small bank accounts. They cannot be used to transfer title to real estate.
It is not recommended to use a Small Estate Affidavit when:
- there are unpaid creditors or funeral expenses
- the will might be contested
- the heirship may be disputed
- there are minor or disabled beneficiaries
- probate proceedings have already been initiated
- all estate assets are not known
