Millions of people in the world own a property which is mostly deemed with a high market and economic value. These properties can range from vehicles, cash, stocks and bonds, houses, and even owned land areas. With this, states and countries mandated varying laws to regulate and to properly determine the value of an individual’s property. Ownership titles, property transfers, as well as estate contract agreements are some of the valuable documents needed by any owner and any person whose life is involved in managing a property and an asset.

One term which is evidently used by wealthy individuals is the word “estate”. This is defined as the total or the amount of an individual’s net worth which was gathered as he lived until the time of his death. There are two known estate comparisons which are the small estate and the regular estate. These vary on the amount of grand total of the assets wherein a small estate will be for the amount of a lesser total compared to the regular estate.

Small Estate Affidavit Form Sample

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What Is a Small Estate Affidavit Form?

A small estate affidavit form is a document which will be used to indicate claims as well as statements with regards to property ownership issues. This is often used by the relatives of a deceased estate owner especially if there is an intention of selling and transferring the ownership of the estate, and when there is not a single last will and testament to be presented at the court. Allocating and finalizing matters of the deceased owner’s estate are two of the known objectives in using this document.

Circuit Court Small Estate Affidavit Form

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Significance of Using a Small Estate Affidavit Form

Similar to all other affidavit forms, a small estate affidavit will serve as the basis and pieces of evidence for the court to determine the legitimacy of a claim. The statements in this form can also be used for further asset verification and all sorts of processes which can aid in distinguishing to whom the estate will be given. The procedure of determining the rightful heir of the estate will depend on each state or country which will vary on their regulations about small estates. Nonetheless, if there has been a filed estate petition beforehand, this affidavit form will not be validated and accepted in court.

County Court Small Estate Affidavit Form

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How to File a Small Estate Affidavit?

Getting and filing a small estate affidavit will start by obtaining the appropriate legal affidavit from the right jurisdiction or court location. As the individual who will be using the form, you must head to the court where the deceased person’s places of birth and death are near, since most courts will not handle the cases which are beyond their responsibilities. Then, you must check the rules and laws of the court with regard to estate matters which includes the limit of amount where the assets and the property of the deceased will be categorized. Filling out the document will demand ample time from you, as the user, since you are required to indicate all the list of assets and owned properties of the decedent with the accompanying market values. With the completion of the form, you must locate a notary public to stand as a witness for the moment that you will be affixing your signature on the blocks provided. The notary will then indicate a stamp or a seal to fully notarized the document. Lastly, you must be able to comply all the required certificate forms and paperwork that may be used to prove your rights and relationship of the decedent for you to successfully submit the affidavit.

Probate Court Small Estate Affidavit Form

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Vital Sections In a Small Estate Affidavit Form

All legal forms from varying states and countries are following specified standards depending on its use and intention of using the document. With regards to small estate affidavits, a number of sections are visibly observed and can be seen even if this form is used in different courts. Below are the vital sections in this affidavit form:

Style of Proceeding. This section is often known as the heading in a general affidavit. It will contain the court’s information, the docket and case numbers, as well as the details of the deponent’s identification. Over the time, this section has not been changed as it aids the personnel and staff in the court to distinguish the specific area where the form will be arranged with other documents. The number serves as the form’s identity and the location where it will be found whenever the judge will demand the form’s presentation. The date on when the affidavit form was submitted and filed will also be found in this section as it is vital in determining the delay of the process, as well as the duration of the case.

Small Estate Act Affidavit Form

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Deponent’s Statement. This section will act as a sort of incident report wherein the deponent will be stating his concerns, intentions, and his purposes of why he used the document and why he filed the case. The deponent must include his qualifications or eligibility of constructing the affidavit such as the fact that he is an individual in a legal age and that he is physically and mentally sound on the day that he decides to be the deponent. This general information is vital to acknowledge the presence and the intentions of the affidavit user.

Nonresident Decedent Small Estate Affidavit

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Statement of Knowledge. This is where the deponent or the user of the affidavit form will indicate his stand of whether he is an affiant, the defendant, or a witness for the case. The deponent must clearly include in this section that his statements were truly based on what he knows with accompanying proofs and not on only his imaginations or his perception with regards to the subject. The information written or included in the affidavit must not be from the words of other people unless they are involved in the case or if they have made a witness statement.

Small Estate Claim Affidavit Form

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Content. The content or the affidavit’s body is the focus of the form. This is where the court will be able to start verifying the terms and statements of the deponent. This may contain the financial and personal information of the deponent which can be used for the case’ resolution. The deponent should only indicate statements of claims that he can successfully provide a proof to avoid any conflicts. However, the court can also request the deponent for answers to inquiries about what their investigation and verification have gathered. The name of the deceased owner and his assets will serve a great purpose in this section.

Small Estate Successor Affidavit

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Oath. This section functions similarly to a sworn affidavit where the deponent will have to agree to the oath indicated on the document. The deponent must swear the affidavit in the court or in front of any legal authority who is responsible for dealing and managing affidavits. This is to assure that the deponent and all other parties are not taking the oath for granted and that the legality of the case will be preserved. This is also the section where the signatures of all involved parties which includes the deponent, the witnesses, and the lawyer will be gathered with the seal of the notary public.

Small Estate Heir Affidavit Form

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Presented Exhibits. All significant and legal forms should be enclosed in the small estate affidavit such as the death certificate of the decedent, or a marriage certificate to prove the relationship of the deponent and the estate owner. If a formal letter from the decedent will be enclosed, the date and along with all other details of when the letter was sent should be stated as the description of the exhibit. The exhibits must then be arranged in an alphabetical order to achieve a maximum range of conciseness and formality. When the exhibits have been collected and arranged, the lawyer or the hired attorney will be responsible for placing a stamp on each presented evidence to signify that the documents have been reviewed and will serve a great use for the case.

Small Estate Unclaimed Property Affidavit

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Backing Sheet. This section is attached on the back of the affidavit in a sideways manner. It mainly contains the identification of the involved parties and who among the parties is responsible for filing the form as a sort of summation for the whole affidavit form. Most states require this section to signify that a document will need an approval and to meet the requirements of the country.

Small estate affidavit forms are important documents which mean that it should be filed and submitted with utmost care and with full compliance of a country’s law. Any deponent must always keep in mind that he is only allowed to state facts, true incidents, and relevant information in the affidavit form to avoid causing a mere delay in the process. The affidavit and the legal statements included on it should be kept in a short, concise, and simple manner for the benefit of allowing all parties to understand the claims. Consistency with the statement is the aspect that lawyers look for in order to determine the right individual who will be claiming the small estate property of the decedent.

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