Small estate next steps

If you’ve managed to avoid probate, the next step will be to submit a signed affidavit to the court. (Again, if you aren’t completely sure whether you have a small estate, check the “Determine if you need to go through probate” task.)

1) Wait the minimum time period before the small estate affidavit may be filed

This ranges from 15-60 days, depending on the state. Use this time to gather an itemized list of the decedent’s assets and property, such as bank accounts, jewelry, art, and vehicles.

2) Gather documents

• Death certificate

• Title of all property owned by the decedent

3) Complete the small estate affidavit

Make sure to use a state-specific version by looking up your state and the term “small estate affidavit.”

When signing, the petitioner will be required to either sign the form in front of a notary public, witnesses, or both.

4) Contact family members/heirs

Anyone that could be considered entitled to the property must be made aware of the small estate filing. You must contact them via certified mail with a return receipt. Keep the receipts as proof that all parties have been notified.

5) File the affidavit with the Probate Court Clerk’s office

Submit all documents with the filing fee. It will take 5 to 15 days to accept or reject the filing.

Because of the sensitivity of this process, we do recommend that you discuss it with a lawyer. You can find a lawyer here.

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