Like many states, Hawaii allows successors to file a small estate affidavit if a loved one living in the state of Hawaii dies without a will, and the family or other successors wish to avoid probate court. A “small estate” in Hawaii is any owned real estate valued less than…

An affidavit of heirship allows successors to avoid probate court and claim a decedent’s personal property, which includes  bank accounts, last paychecks, heirlooms, and other “real” property. In Idaho, the affidavit of heirship does not include real estate or vehicles, and the “personal” estate must value less than $100,000. If…

If a loved one passes away in Idaho, the successors may avoid probate court by filing a small estate affidavit to collect real estate owned by the decedent. This property at fair market value, minus taxes, liens, and other expenses, may not value more than $100,000. In addition, the real…

While some states charge an inheritance tax on vehicles or certain dollar amounts, the Idaho Small Estate Affidavit (Vehicle Only) allows successors to claim a decedent’s vehicle, and they will not have to pay any tax as the successors did not purchase the vehicle. If a loved one passed away…

In Illinois, statute 755 Ill. Comp. Stat. § 5/25-1 provides successors, whether biological or otherwise, the ability to file an affidavit of heirship to claim a decedent’s property. This personal or “real” property – vehicles, bank accounts, final paychecks, and sometimes debts – must value at $100,000 or less to…

The Illinois Probate Act (755 ILCS 5/25-1) was officially updated on January 1, 2015, and applies to any successors whose loved one passed away on or after that date. Unlike some other states, a decedent could have had a will, but the will may not have specified distribution of all…

Not many states combine the affidavit of heirship and the small estate affidavit, but Indiana is one of those rare states that allows successors to claim all personal property and real estate with one affidavit form. Under Ind. Code § 29-1-8-1, successors must wait at least 45 days to file…

Under Indiana statute Ind. Code § 29-1-8-1, a deceased person’s heirs, whether biological, through marriage, or otherwise, may file one affidavit – the small estate affidavit – to claim the decedent’s estate, as long as the personal property, bank accounts, and real estate combined value less than $50,000. This form…

An affidavit of heirship in Iowa covers personal property such as vehicles, large electronics, bank accounts, final paychecks, heirlooms, and other items. Probate Code 663.11 dictates the details of the affidavit of heirship, including the 40 day waiting period before successors may file, and the limit on property value of…

In Iowa, the small estate affidavit is used by successors who wish to avoid probate court to collect their deceased loved one’s real estate. Iowa Code § 633.356 describes the procedure for filing the small estate affidavit, which includes a 40-day waiting period after the decedent passes before successors may…