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Small Estate Affidavit for Canada

Small Estate Affidavit Template for Canada

A Small Estate Affidavit is a legal document used in Canadian jurisdictions to simplify the process of administering estates that fall below certain value thresholds. This sworn statement allows eligible individuals to manage and distribute a deceased person's assets without going through the full probate process. The document contains detailed information about the deceased, their assets, debts, and intended distribution of the estate, while providing legal protection for institutions that rely on it. The specific requirements and threshold values vary by province/territory, but the general purpose remains consistent across Canadian jurisdictions.

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What is a Small Estate Affidavit?

The Small Estate Affidavit serves as a streamlined alternative to formal probate proceedings in Canadian jurisdictions, designed to simplify the administration of estates valued below specified thresholds. This document becomes relevant when an individual needs to manage a deceased person's estate that qualifies as "small" under provincial regulations. It includes sworn statements about the deceased's identity, assets, debts, and intended distribution, while confirming the affiant's right to administer the estate. The affidavit provides legal protection for institutions releasing assets based on it, making it particularly useful for accessing bank accounts, transferring vehicles, or handling other modest assets. While requirements vary by province, the Small Estate Affidavit generally helps reduce both the time and cost associated with settling estates compared to traditional probate procedures.

What sections should be included in a Small Estate Affidavit?

1. Affiant Information: Declaration of the affiant's identity, address, and relationship to the deceased

2. Deceased Information: Details about the deceased person including full name, date of death, and last known address

3. Death Certificate Confirmation: Statement confirming possession of death certificate and its details

4. Estate Value Declaration: Sworn statement of the total value of the estate and confirmation it qualifies as a small estate

5. Right to Administer: Declaration of the affiant's right to administer the estate and statement about other potential claimants

6. Asset Declaration: List and description of all known assets belonging to the deceased's estate

7. Debt Declaration: Statement regarding known debts and liabilities of the estate

8. Distribution Plan: Description of how the estate assets will be distributed

9. Oath and Signature: Formal oath stating all information is true and signature block

What sections are optional to include in a Small Estate Affidavit?

1. Will Statement: Statement regarding existence or non-existence of a will, used when there is a will

2. Survivorship Rights: Declaration about joint ownership and survivorship rights, used when joint assets exist

3. Minor Heirs: Additional declarations required when there are minor beneficiaries

4. Previous Administration Attempts: Statement about any previous attempts to administer the estate, used when relevant

5. Foreign Assets: Declaration regarding any assets located outside the jurisdiction, used when applicable

6. Funeral Expenses: Statement about funeral expenses and their payment, used when not yet paid

What schedules should be included in a Small Estate Affidavit?

1. Schedule A - Inventory of Assets: Detailed listing of all estate assets with descriptions and values

2. Schedule B - List of Liabilities: Itemized list of all known debts and obligations of the estate

3. Schedule C - Heir Information: Complete list of heirs with their relationships and contact information

4. Appendix 1 - Death Certificate: Copy of the official death certificate

5. Appendix 2 - Will (if applicable): Copy of the deceased's last will and testament if one exists

6. Appendix 3 - Supporting Documents: Copies of relevant asset documentation, bank statements, or property titles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Legal Services

Financial Services

Banking

Insurance

Real Estate

Public Administration

Wealth Management

Professional Services

Government Services

Relevant Teams

Legal

Wealth Management

Estate Administration

Trust Services

Probate Administration

Personal Banking

Client Services

Document Processing

Risk Management

Relevant Roles

Estate Administrator

Probate Clerk

Legal Assistant

Lawyer

Bank Manager

Financial Advisor

Estate Planning Specialist

Trust Officer

Paralegal

Notary Public

Commissioner of Oaths

Wealth Management Advisor

Personal Banking Representative

Public Trustee

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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