50 States' Small Estate Affidavit Forms

All states have a simplified procedure of some kind for transferring the property of a decedent with few assets. For a great summary of these laws, see Joseph N. Blumberg's article, A Survey of Small Estate Procedures Across the Country.

The majority of states allow title to certain property to be transferred by sworn affidavit, without the need for any court intervention or supervision. My objective here is to provide a link to a small estate affidavit form from an authoritative source for each of these states. Where I wasn't able to locate such a form, I included a link to that state's statute or a helpful website. For states that require court intervention or supervision, I tried to do the same thing, but clearly many of these states don't have such a form, and in none of these states would any form be sufficient by itself.

For all states, I hoped at a minimum to include a link to some useful resource for transferring assets from small estates. This post will be updated as better sources become available; please comment below if you come across broken links or better forms or resources than what I currently have:

 Alabama  Illinois  Montana  Rhode Island*
 Alaska  Indiana^  Nebraska  South Carolina
 Arizona^  Iowa  Nevada  South Dakota
 Arkansas*  Kansas  New Hampshire*  Tennessee*^
 California  Kentucky*  New Jersey*  Texas*^
 Colorado  Louisiana#  New Mexico^  Utah
 Connecticut*  Maine  New York*  Vermont*
 Delaware  Maryland*  North Carolina^#  Virginia^
 District of Columbia*  Massachusetts#  North Dakota  Washington
 Florida*  Michigan  Ohio*  West Virginia*
 Georgia^#  Minnesota  Oklahoma^#  Wisconsin
 Hawaii  Mississippi  Oregon^#  Wyoming#
 Idaho^  Missouri*^  Pennsylvania#   

* Affidavit insufficient by itself; a court process of some kind is required.
^ A county-specific form is linked.
# Affidavit may be insufficient; see state statute. State is deemed an "Affidavit Anomaly" by Joseph N. Blumberg due to uniqueness.

2 comments:

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