FAQ
Can I use these templates if the deceased’s estate includes real property?
These templates are designed for personal property, vehicles, and bank accounts under your state’s small estate threshold. For real property (like a home), consult a probate attorney, as an affidavit may not suffice. Some templates include language for specific assets—double-check the notes for limitations. Always verify with your state’s probate court rules for real estate exceptions.
What happens if the estate’s total value exceeds the small estate threshold after filling out the affidavit?
If the estate’s value later appears to exceed your state’s limit (e.g., $184,500 in California), the affidavit may be rejected, and you’ll need to file for full probate. To avoid issues, conservatively estimate asset values or consult an estate attorney to ensure compliance. Some templates include a disclaimer about value accuracy—this protects you if unexpected assets are later discovered.
Do I need to notarize the affidavit after completing it?
Notarization requirements vary by state. Some states (like Florida) require the affidavit to be notarized before submission to banks or financial institutions, while others (like Texas) may not. Check your state’s probate code or the template’s notes for specific instructions. If unsure, have it notarized—it’s a common best practice and often required for asset transfers.
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