Small Estate Affidavit Forms & Notarization Templates

A small estate affidavit is a legal document used to transfer assets of a deceased person with a small estate value to their rightful heirs or beneficiaries without the need for probate court proceedings. Through Notarize, you can securely and conveniently notarize your small estate affidavit online from anywhere, eliminating the need for in-person appointments and paperwork.

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What is a small estate affidavit?

A small estate affidavit, sometimes referred to as a "sworn statement of small estate" or a "declaration of small estate," is a legal document used in some jurisdictions to simplify the process of transferring assets from a deceased person's estate to their heirs or beneficiaries when the value of the estate falls below a certain threshold. The purpose of this affidavit is to avoid the more formal and time-consuming probate process that is typically required for larger estates.

Small estate affidavits are not suitable for all situations. They are typically used when the deceased person had a relatively simple estate with no contested issues. Complex estates, those involving real estate, or estates with disputes may still require full probate proceedings.

What are the signer requirements for completing a small estate affidavit?

To use a small estate affidavit, the person seeking to administer the estate (usually an heir or beneficiary) must complete and sign the affidavit. This document typically includes details about the deceased person, a list of assets and their values, and a statement affirming that the estate meets the criteria for a small estate.

Does a small estate affidavit need to be notarized?

Small estate affidavits often require notarization, meaning that the affiant (the person making the affidavit) must sign it in the presence of a notary public, who will then notarize the document to confirm its authenticity. With Proof, signers can legally and securely notarize their documents from anywhere in the United States.

How small does the estate need to be in order to claim it with a small estate affidavit?

The specific value threshold for using a small estate affidavit varies by jurisdiction. In many states, the estate's total value must be below a certain dollar amount (e.g., $50,000 or $100,000) to be eligible for this simplified process. If the estate's value exceeds this threshold, a full probate proceeding may be necessary.

Once the small estate affidavit is approved by the relevant authorities (such as the probate court or the financial institutions holding the assets), the assets listed in the affidavit can be distributed to the designated beneficiaries without the need for a formal probate process.

How It Works

Getting a document notarized is easy. Simply upload your docs, verify your identity and you will be connected to a notary via an online meeting. Notaries on the Notarize Network are always online and available 24/7.

  1. 1. Upload or scan your document

    Upload the full document (not just the signature page) as a .pdf or .docx file. Don't have the file saved? Use your mobile phone to scan and upload the document.

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  2. 2. Create a Proof account

    Your documents and transaction details will be securely stored in your account where you’ll also be able to initiate future notarizations and eSigns.

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  3. 3. Verify your connection

    A Wi-Fi enabled device with a camera is required for all notary meetings. Having a strong setup will ensure you’re set up for success.

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  4. 4. Verify your identity

    Proof uses identification verification technology to ensure a secure transaction. Answer a few questions about your past, take a photo of your ID, and we’ll confirm your identity in seconds.

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  5. 5. Connect with a notary on a video call

    Notaries typically get connected with signers in as little as 2 seconds and are available 24/7.

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  6. 6. Access your completed document

    View and share your signed documents anytime directly from within the Proof platform.

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  7. 7. Download or send document to another person

    Share your documents within seconds.

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