Establishing heirs of an estate on an affidavit

Here is a brief outline of the process for establishing the heirs of a Decedent, by filing a small estate affidavit.

No administration necessary

1.         Where the decedent died intestate, no administration is necessary if the value of the estate assets is less than $75,000.

• This maximum value does not include homestead and exempt property.

Determining heirs

2.         Attorney files with the probate court a Small Estate Affidavit that:

• Lists all known estate assets and liabilities;
• names all heirs and gives their addresses;
• gives relevant family history showing heirship and shares of taking.

3.         The affidavit must be signed by:

• Two disinterested witnesses; and
• All of the distributees.

4.         The court may hold a hearing on the Affidavit.

5.         The judge approves the Affidavit.

Collecting the small estate

6.         Obtain certified copies of the Affidavit from the clerk.

• Present a certified copy of the Affidavit to any person owing money to the estate.