These two (2) forms are documents that are used when a person dies with no recorded will. The small estate affidavit is for non-real estate assets that are worth under a benchmark given by the State while the affidavit of heirship is mainly for real estate related property that is passed down by a person without stating who it would belong to after their death.
Small Estate Affidavit
A small estate affidavit is a form used by a close relative, husband, or wife of someone that has died in order to receive property under the estate. For this to be in effect, the deceased individual must have had assets lower than an amount set by the State they were a resident. All heirs/descendants of the deceased must sign the agreement before it may be filed with the Probate Court.
Affidavit of Heirship
Typically used for passing of real estate from a person who has died to their family. The form may be used by a survivor heir if the person who died did not have a will on record. The affidavit of heirship may be completed by the living family member of the deceased and must be recorded in the Registry of Deeds. There are requirements in every State such as the form usually should be witnessed by at least (2) individuals that knew the person who passed and can attest to some general questions about their family members/loved ones.
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