Small Estate Affidavit

Sometimes debts, bank accounts in the loved one’s name, and assets other than his/her house, make an affidavit of heirship insufficient. If the decedent had an estate worth under $75,000 (not including homestead), a small estate affidavit might be an option. Before selecting this option, we recommend asking the banks or other entities who are holding assets of the decedent if they would accept a small estate affidavit. Some entities will require an heirship determination or an administration (see below). Also, note that small estate affidavits are only an option if there was no will.