What is a small estate affidavit for collection of personal property?
Create Document A small estate affidavit, or ‘ affidavit for collection of personal property ‘, allows a rightful heir to claim a person’s estate if they did not make a will. A small estate affidavit allows the estate to bypass the probate process which involves going to court to figure out who gets what.
What is a small estate affidavit of heirship?
A small estate affidavit helps quicken or eliminate the probate process — an event which often prolongs the pain of having lost someone close to you. An affidavit of heirship is used to authenticate the surviving heirs of a decedent.
When to use a small estate affidavit in Mississippi?
Create a high quality document online now! The Mississippi small estate affidavit (Form #0002013) may be used by an heir or successor when the decedent’s estate (the person who died) left $50,000 or less in probate-able personal property.
How long does it take to file a small estate affidavit?
Before filing a small estate affidavit form with the local probate clerk’s office, claimants may be required to wait a certain minimum period of time in accordance with their state’s law. This typically ranges between 15 days and two months.
What is a small estate and affidavit of heirship?
A small estate and affidavit of heirship are closely related forms for after the death of someone without a will that divides the real and personal property. Most likely, the person that died did not have a will, and the heirs are seeking legal possession of their rightful property without going through the probate process.
Can a small estate affidavit be used if there is no will?
In addition, some states only allow the use of a small estate affidavit if the person died without a will, so be sure you check your state’s requirements below before you begin creating your affidavit. What is a Small Estate Affidavit? When Should You Use a Small Estate Affidavit? How Do I Fill Out a Small Estate Affidavit?
Attached to the small estate affidavit, the petitioner should have all their documents together with the filing fee. If accepted, the clerk will take approximately 5 to 15 days to process and accept or reject the filing. If accepted, the property and assets will be transferred and the process is complete.