QUESTION
Who will be able to file a small claims estate affidavit?
Asked on Jan 21st, 2014 on Estate Planning - North Carolina
More details to this question:
My father passed (CHF) several months ago. He did not have a "will", POA, living spouse or a "spokesperson" of any sort. Can 1 of his 9 living children file a small claims estate affidavit and if so where will we get the papers and is there a legal method to determine which of the 9 may file the claim and is there a "time limit" after his death that it must/should be done?
18 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you consult with a probate lawyer to assist you in preparation of the necessary documentation to utilize the small estate probate proceeding.
Answered on Jan 27th, 2014 at 11:13 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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I am sorry for you loss. Any one of the children can apply to open the estate and seek to be the administrator of your father's estate. That person must reside in Ohio and be able to qualify for a bond. Also, either the other siblings must agree to the appointment or it will be set for hearing and decided at that time. Depending on the size of the estate, you will either need a full estate or if a smaller estate, may be able to file an application for release of assets.
Answered on Jan 27th, 2014 at 11:13 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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All of you together. No deadline.
Answered on Jan 24th, 2014 at 7:42 AM
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Anyone can complete an affidavit, but they must list all heirs as interested parties and each heir will get their share directly. Search small estate affidavit California on the internet. The affidavit goes to the institution holding the money along with the death certificate. If you have trouble, as an attorney to help.
Answered on Jan 23rd, 2014 at 9:17 PM
Thomas Edward Gates
Since your father died without will, he died intestate. Since there is no surviving spouse, the children share equally. In Washington, if the estate is under $100,000 and there is no real property (house) you can use the affidavit method. All of the beneficiaries must sign off on the distribution.
Answered on Jan 23rd, 2014 at 9:17 PM
Never heard of a "small estate claims affidavit" that is not a Florida probate document. If you are asking about a small estate under $6,0000, then anyone who paid funeral bills can file something with the court. If the estate is over $6000, then you have to file a Summary Administration and if there is more than one beneficiary (9 children for example) then you have to hire an attorney to represent you. You may have options and the best way to find out what is available to you is the engage an attorney practicing in Florida estate administration.
Answered on Jan 23rd, 2014 at 9:17 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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1. No time limit. 2. Anyone cal file SEA 3. SEA should list all of the heirs, not just the one that files. 4. In terms of papers, research online or talk to an attorney.
Answered on Jan 23rd, 2014 at 9:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Any of the children can do it. Go to the court clerk and see if they have the forms there or if they can be obtained online.
Answered on Jan 23rd, 2014 at 9:16 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Any one or more of the kids may file the small estate affidavit. Who files the affidavit does not change who inherits property. From the facts you state, the nine children share equally. If there is real property that will be sold, all nine children will probably need to sign the deed transferring the property (title company requirement). It's possible that stationery stores have a standard form. Filing a small estate affidavit is a substantial legal step; you should hire an attorney to help with the process. There is no time limit; the longer you wait, the more likely that there will be a problem that can't be solved except by an owner of property, and until you resolve your father's estate there may be no one who could address the problem.
Answered on Jan 23rd, 2014 at 9:12 PM
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To comply with NRS 146.080 (2)(i), all nine of you need to sign the affidavit or provide written consent to whom the asset is transferred.
Answered on Jan 23rd, 2014 at 9:10 PM
Affidavits regarding small estates are not filed with the court unless they are petitions regarding real property worth less than $50,000. You must wait 40 days after death to present the affidavit to the appropriate parties. All heirs will have to sign. You should consult a probate attorney for assistance with the forms and who they should be presented to.
Answered on Jan 23rd, 2014 at 9:10 PM
Any of the children over the age of 18 can represent the estate of your father. If you are in California and if the estate is under $150,000.00 it is considered a small estate and you can get forms online or at any court law library. This assumes that their is not any real estate to deal with.
Answered on Jan 23rd, 2014 at 9:10 PM
Edwin K. Niles
Try googling Ca Probate Code 13,100 and 13,101. Maybe you can find a sample of the affidavit. Any of you can do it.
Answered on Jan 23rd, 2014 at 9:09 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Small Estate Affidavits are used by an heir or interested person to take control of assets of the decedent when the total value of the decedent's estate is less than $100,000. The affidavit undertakes a duty to all of the other heirs to pay all creditors and then distribute the excess funds received.
Answered on Jan 23rd, 2014 at 9:05 PM
Any of the deceased's children can file the affidavit but the court may require a signed release from the other children stating they have no objection to the filing. The papers are usually drawn up by attorneys but you can check with your local clerk of court's office or your state's judicial web site to see if there are pre-printed forms you can use. File the papers as soon as you can the deadline is determined by state statutes.
Answered on Jan 23rd, 2014 at 8:59 PM
Any of the children can file the small estate affidavit. Google it in Oregon and you should find the form online. There is no specific limit on long after the death you can file; there is a minimum time you have to wait.
Answered on Jan 22nd, 2014 at 9:21 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can only file a Small Estate Affidavit if the assets of the estate total less than $21k. any of the children can file the form. All of the children would be entitled to an equal split of the assets. You need to wait at least 30 days from the date of death to file the form, but it can be filed any time after that.
Answered on Jan 22nd, 2014 at 9:20 PM
Estate Planning Attorney serving Greensboro, NC
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The Law Offices of Cheryl David
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Is the estate worth less than $5000? If not a full court administration of the estate is required. Any child may petition the court for this position You need an attorney who handles these matters. It's a land mine without proper representation.
Answered on Jan 22nd, 2014 at 9:19 PM