Small Estate Affidavit

If the deceased did not leave behind a will, you may be able to settle the estate using a small estate affidavit. However, the deceased’s estate must not be valued for more than $50,000. This amount does not include the homestead or other exempt properties. In addition, the estate must be solvent. This means that the outstanding debts should not be more than the value of the estate. The affidavit must be sworn to by two disinterested witnesses and all legal distributees of the estate before filing to the court. After the judge approves the affidavit, the assets may be distributed. This method is often used to transfer the title of the decedent’s homestead if the home is the only real property in the estate.