Small estate affidavit form helps people acquire a decedent's small estate without lengthy legal procedures. The affidavit of successor is essential only if the property of the decedent does not exceed $100,000. With a small estate affidavit, the successor can claim the decedent's assets and can request to transfer the purchase belonging to him.
Here, the article states how to fill Washington state small estate affidavit while abiding by the necessary rules and instructions.
Small Estate Affidavit Instructions in Washington
In Washington, if the property of the decedent does not exceed $100,000, the property is distributed among his successors. Here are some key points that should be followed while writing an affidavit in Washington.
- If there is no actual property in the state, the entire state will pass by following this procedure. The affidavit will not be used by a non-resident decedent, someone who has been granted jurisdiction, and a person who died having more debts than assets.
- The Washington small estate affidavit will only process the probate assets of the decedent. The non-probate purchases would be transferred through their process without being included in the valuation for the $100,000 test.
If a spouse survives the decedent, his spouse's one-half interest in the community property will not be included in the valuation.
- The decedent's equity in real property is included in calculating probate assets for the $100,000 test. However, the transfer is adequate for personal property. Personal property has cars, planes, furniture, jewelry, stocks, bonds, and certificates of ownership and counted in $100,000.
- Before using the affidavit, the parties involved should keep in mind that they must pay the decedent's burial expenses and debts. Furthermore, there must be sufficient property to pay the decedent's debts.
- For using the affidavit, it is a must to be the successor of the decedent. He can be the beneficiary, heir of the decedent, spouse, or Washington's social & health services department to recover the expenditures done for the deceased's medical assistance.
Typical Format of a Small Estate Affidavit in Washington
While drafting a small estate affidavit in Washington, you must keep in mind to include the following points in it:
- The affidavit should include the complete name and address of the claimant. Moreover, the reason why the person qualifies as a successor should also be stated in the document.
- The very next section of the affidavit includes the affirmation that the successor belongs to Washington.
- The worth of the entire estate should be mentioned in the document.
- It should be confirmed that no requisition for the personal representative is pending.
- The confirmation that no debts are pending on the decedent. If there are debts on the decedent, then his successor would take the responsibility of paying them.
- The description of the personal property and all assets that the successor claims is written.
- The verification that all other successors are notified.
- The last part confirms that the successor is granted permission by other successors to distribute the personal property.
Checklist before Drafting a Small Estate Affidavit
Some points must be checked before drafting a small estate affidavit, as they are an essential part of the document. Here are some critical elements that must be checked before preparing the affidavit.
- You Must Take Responsibility for the Decedent's Debts Before Filing the Affidavit: If you are unable to get the decedent's asset to pay his debts, you should pay the debts along with the other successor. After that, the successor should file the affidavit, and the expenses are done on the debts, and claimed assets should be written.
- Find Out the Value of the Decedent's Property: List the monetary value of personal property owned by the decedent. It includes both tangible and intangible property. The calculated property must not exceed $100,000. If it does, then the successor must show how he got an estimate for the property.
- Make Sure That You are the Only One Who has Applied for the Affidavit: Be sure that no one else has started the probate of the decedent's estate. Ask all other successors if they have used the affidavit or not. Send them a letter that confirms that they have not applied for the probate. Keep the copies of these letters with you.
- Make Sure To be the Only One Claiming for the Relevant Property: Before claiming any property in the affidavit, it must be checked that any other successor does not claim the specific property. In case someone else is entitled to the property, get their authorization letter that allows you to claim the respective property.
- The Affidavit Should Contain the Signature of the Party: At the end of the Washington state affidavit, there should be a signature of the claiming successor.
How to Write a Small Estate Affidavit in Washington
To draft a small estate affidavit, you must know how to compose the document and what information is required. The form can be filled by using the CocoDoc tool. Here are some steps that involve the procedure of writing an affidavit.
- At the top, write the name of the party that claims the property.
- Write the state and the country to where the decedent and successor belong to.
- Name of the successor is again to be mentioned.
- The name of the decedent and his social security number (SSN) should be written.
- Write your name again and your residence.
- Write the property that you are claiming. Make sure that you are the only one who is claiming that piece of property.
- The last step includes the sign of claiming the successor and the date when the claim took place.
The article has concluded detailed information on how to fill a small estate affidavit form. The instructions are mentioned that should be revised while filing the affidavit. The affidavit should be written in a sequence and follow the typical format of a small estate affidavit Washington State.
The article further points out the checklist that must be revised before claiming any property in the affidavit. At last, the procedure to fill out the form is advised.