The estate must not already be in probate court before you begin your procedure. If it is, the personal representative of the estate must agree in writing to let you file a small estate affidavit. If you and the estate qualify, then you can complete the affidavit.When is it proper to use a small estate affidavit?
Whoever intends to use a small estate affidavit may be required by state law to wait until a certain amount of time has passed since the decedent’s death, which can be as long as two months. A small estate affidavit is just a written legal document.Does estate qualify for small estate affidavit?
The total value of an estate must less than a certain amount to qualify for the use of the small estate affidavit. Notarizing a small estate affidavit may not be required by your state, but it is still a good idea to do it. If you want to settle a deceased person's estate with an affidavit, you need to make sure that it is legally possible first.