Small Estate Affidavit

This form is used to declare facts about a person's estate when that person died without a will. It is used to transfer property to heirs without going through a full probate process, provided the estate's value is $75,000 or less.

The court describes it as: Use if a person dies with no will. Non-exempt property transferred to heirs without full probate. Must be less than 75k.

Common questions

Who fills out this form?

The form requires all of the estate's distributees and two disinterested witnesses to appear and swear or affirm the facts.

What is the main requirement for using this form?

The total value of the estate assets, not including homestead and exempt property, must be $75,000.00 or less.

Does this form require listing debts?

Yes, the form requires listing all of the estate's debts and other liabilities, such as bills and credit card balances.

Revision history

No changes recorded since we started tracking this form on October 9, 2026.

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