Both affidavits of heirship and small estate affidavits are administered under chapter 733.203 and following, as the same document. If an estate is uncomplicated and values less than $75,000, the successors may petition for an affidavit to avoid probate court. They must do so within 2 years of the decedent’s passing, however, or the estate will either go through probate or become null.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with the proper clerk or courthouse.
