Small Estate Affidavit To Be Used Only When Decedent Died: Fill & Download for Free

How does probate work when there is no will?The person will have died intestate, meaning s/he will have died without a will. The laws of intestacy in the state where s/he was last domiciled would apply.Laws of intestacy govern appointment of a personal representative or administrator to probate the estate. These laws would especially determine how property and residue would be distributed, to whom and the proportions, but only after payment of taxes, last illness expenses, funeral expenses, unpaid debts and claims against the estate.It may be possible to use the state’s small estates affidavit process with probate being necessary if the value of the estate is under a certain value set forth in the law.I will assume the estate must go through probate because its value is over the limit set forth by state probate law.Someone would have had to be acquainted with the decedent. That person as an “interested person” could petition the probate court where decedent was last domiciled to open an estate. Maybe that “interested person” could also petition the court for appointment as PR. Another “interested person,” meaning a person or entity who has an interest in the estate because s/he/it has a claim against it could petition the court to open the estate and appoint a PR (with estate monies eventually paying of the claim). In this situation, the court might appoint an administrator to probate the estate. In Colorado, the administrator may very well be the public administrator for the county (hereinafter, the “personal representative” or “PR”).The PR will ascertain the decedent’s children who would be rightful heirs under the laws of intestacy, which may take time and effort, other possible heirs and other persons with an interest in the estate, very possibly before the estate is open. The PR will notify these people an estate is being opened and copy them with all pleadings s/he files with the probate court.As with a testate estate (decedent had a valid will admitted to probate), the PR will marshal the estate assets. The statutory claims period will begin running after the estate is opened, so the PR will ensure notice of the claims period is published in the newspaper and notify all known creditors the estate is open and the claims period is running. The PR would consider any claims filed against the estate In short, the PR will handle the same tasks s/he would for a testate estate and a few more. In the meantime, if the PR determines decedent owned property out of state, s/he will have to open an estate(s) in the states in question to probate the property.Only after all priority expenses are paid, claims are settled and any other property passes through probate and distributed can the PR distribute the leftover monies, called “residue,” to the heirs pursuant to the laws of intestacy and in the proportions these laws mandate.It is notable that under intestacy laws rightful heirs might be relatives who decedent would have neither imagined could inherit from him/her or, more importantly, relatives s/he had nothing to do with and would have never named them as beneficiaries had s/he made a will.Probate is a process, especially considering in many states courts closely supervise probate and personal representatives very often must apply to the probate courts for permission to act every time they need to. If they don’t know how to act, even if a probate attorney helps them, they may have to ask the court how to proceed via filing a petition for instructions.Finally, many states have a small estates affidavit process. If heirs file with the probate court an affidavit in which they swear under oath they are rightful heirs to an estate, they can collect their shares without probate. However - the estate has to be under a certain value pursuant to state law to use the small estates affidavit process. How to File an Affidavit for the Collection of a Small Estate