Question 1

What is a small estate affidavit?

Accepted Answer

A sworn statement that lets the next of kin collect a deceased person's property without opening a probate case. Every US state has some version of it, though the names differ. You'll see 'affidavit for collection of personal property', 'small estate declaration' and others. You sign it in front of a notary and present it to whoever holds the property. The statute then requires them to release the asset to you and protects them for doing so.

Question 2

How is that different from probate?

Accepted Answer

Probate is a court-supervised process: you petition, a judge appoints a personal representative, notice goes to creditors, and the estate is administered under the court's eye. It takes months and usually costs four figures. A small estate affidavit skips all of it: no case, no judge, no representative. It exists because the cost of probate makes no sense for a $20,000 estate.

Question 3

What is an affidavit of heirship, and is it the same thing?

Accepted Answer

No, and confusing them is the most common mistake in this area. A small estate affidavit collects property. An affidavit of heirship establishes who the heirs legally are, usually so that real property has a clear chain of title in the county records. In most states an affidavit of heirship is evidence of ownership, not a conveyance: it does not by itself move a deed into your name. Our state pages say precisely which rule applies where you are.

Question 4

Do I need a lawyer for this?

Accepted Answer

Often not. The affidavit route was written specifically so that ordinary people could use it without one. But some situations genuinely need an attorney: a contested estate, more debts than assets, a business interest, property in another state, and our eligibility check will route you to one rather than sell you a form. A probate attorney typically charges $1,000–$3,000 for a small estate proceeding.

Question 5

How do I know if the estate is small enough?

Accepted Answer

Each state sets its own ceiling and they vary enormously. Our eligibility check compares the figure you enter against your state's current statutory limit. Just as importantly, it tells you what your state leaves out of the calculation, which is usually why an estate that looks too big actually qualifies.

Question 6

What counts toward the limit?

Accepted Answer

Broadly, property the person owned in their own name alone that has nowhere else to go. What usually does not count: jointly-held accounts with a right of survivorship, payable-on-death and transfer-on-death accounts, life insurance with a living named beneficiary, retirement accounts with a living named beneficiary, and property already held in a trust. Many states also exclude a vehicle, the family home, or specific exempt property. The exact list is on each state page.

Question 7

How long do I have to wait after the death?

Accepted Answer

Most states impose a waiting period: commonly 30 days, sometimes 40 or more, occasionally none at all. If you're inside that window, our checker tells you the exact date you can proceed rather than simply refusing. Most people use the wait to gather account numbers and order death certificates.

Question 8

Can I use it if there's a will?

Accepted Answer

Usually yes. A will doesn't generally close off the affidavit route, but it changes what your state requires, some want the will filed with the court first even though no probate case opens. Each state page sets out its own rule.

Question 9

Can a small estate affidavit transfer a house?

Accepted Answer

It depends entirely on the state, and there are three different answers. Some states let real property pass under the same affidavit. Many don't, but offer a separate small-value real-property procedure with its own limit. A few require a court. Our state pages tell you which of the three applies and cite the statute.

Question 10

What if the estate is in a different state from where I live?

Accepted Answer

Use the state where the person legally lived when they died, not where you live and not where the bank is. If they owned real property in a second state, that generally needs a separate ancillary proceeding there, which is beyond what a self-help form should handle; our checker routes those to an attorney.

Question 11

Does it have to be notarized?

Accepted Answer

In most states, yes. It's a sworn statement. Some also require disinterested witnesses, meaning people who inherit nothing. Your packet says exactly what your state requires. Banks, credit unions, shipping stores and many libraries have notaries, usually for under $15. Don't sign before you get there: the notary has to watch you sign.

Question 12

What if the bank refuses to accept it?

Accepted Answer

It happens, usually because the person at the counter hasn't seen one before rather than because anything is wrong. Your packet includes the statutory language that obliges the institution to release the asset and protects them for doing so, and tells you who to escalate to. If it still doesn't work, tell us, and take the refund.

Question 13

How many death certificates do I need?

Accepted Answer

Order at least three certified copies, and more if there are several accounts. Institutions frequently keep the copy you hand them, and running out mid-process is the single most common avoidable delay.

Question 14

Am I personally liable for the debts?

Accepted Answer

This is the part to take seriously. In most states, signing the affidavit makes you responsible for applying the property you collect to the decedent's debts in the order the statute sets out, and you can be personally liable to creditors and to other heirs if you don't. If the debts might exceed the assets, do not use an affidavit, our checker will stop you, and that's the single most important thing it does.

Question 15

Is Kinclaim a law firm?

Accepted Answer

No. Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms. No attorney-client relationship is created by using this site, and nothing you tell us is privileged.

Question 16

What does it cost?

Accepted Answer

Small Estate Affidavit is $39. Estate Packet, which adds the affidavit of heirship for real property and intestate heirs, is $79. Both are one-time. The eligibility check and the whole interview are free. You only pay to download the finished documents.

Question 17

What if I pay and then it doesn't work out?

Accepted Answer

You get a full refund within 30 days, no questions asked, including after you've downloaded the documents. Email support@getkinclaim.com.

Question 18

Why should I trust your dollar figures?

Accepted Answer

Because we show our working. Every state page cites the statute sections it relies on, links to the sources, and carries the date we last verified it. Each state is read from the primary statute and then independently cite-checked by a second pass whose job is to disprove the first. Where we're unsure, the page says so rather than guessing.

Question 19

Is my information safe?

Accepted Answer

The eligibility check saves nothing at all. It runs in your browser. Once you start creating a document we store what's needed to produce it, encrypted, with row-level isolation, and we delete it on a schedule. We never put personal information in a web address, never see your card number, and never sell or share data with advertisers.

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