Probate & Administration

Small Estate Affidavit

Collect a small estate by affidavit or petition instead of full administration.

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
  • It is filed with a court, so the notes include filing reminders for the court's own rules.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The affiant and the decedent

  • Affiant's full legal name
  • Affiant details
  • Decedent's full legal name
  • The decedent
  • Is a certified death certificate in hand

The estate

  • Did the decedent leave a will
  • The will
  • Assets to be collected
  • Total value of the probate assets
  • Debts, funeral and taxes
  • Persons entitled to the property

Filing

  • Has anyone applied to administer the estate
  • Vehicles or titled property
  • Where the affidavit goes
  • Other instructions

Where it is offered

Every state Lawsmith has official sources for:

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California30
Connecticut9
Delaware6
District of Columbia7
Florida18
Maryland12
Massachusetts7
New Jersey7
New York16
Ohio12
Pennsylvania8
Texas16
Virginia10

Among them, for New Jersey:

  • N.J.S.A. 3B:5-3 Intestate share of decedent's surviving spouse, partner in a civil union, domestic partner
  • N.J.S.A. 54:35-19 Transfer of assets
  • N.J.S.A. 3B:10-3 When spouse, partner in a civil union, or domestic partner entitled to assets without administration.
  • N.J.S.A. 3B:10-4 When heirs entitled to assets without administration.
  • N.J.S.A. 3B:10-5 Discharge of corporations or persons making payments or delivering assets under N.J.S. 3B:10-3 or N.J.S. 3B:10-4

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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