What is a small estate affidavit?

A small estate affidavit is a document used in California probate law to transfer property to an heir without going through the probate court. It is certified by an heir, who swears that the deceased left less than a certain amount of assets. In California, the affidavit can be used if the total value of the estate is $150,000 or less, excluding the value of any real estate. To use the affidavit, the heir must provide proof that the decedent has passed away, such as a death certificate, and a copy of the will or trust document. The affidavit also needs to include a list of the assets that make up the estate, their estimated values, and the names and relationships of any heirs. The affidavit should then be signed by the heir and notarized by a public notary. Once the affidavit is completed, it needs to be filed with the California court, along with a filing fee. After approval by the court, the assets can then be transferred to the heirs, avoiding the hassle and expense of going through the probate process.

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