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Affidavit Of No Estate Tax Due for the United States

Affidavit Of No Estate Tax Due Template for United States

An Affidavit of No Estate Tax Due is a legal document used in United States probate proceedings to certify that no estate tax is owed by a deceased person's estate. This sworn statement confirms that the total value of the estate falls below the federal and/or state estate tax threshold. The document must comply with both federal tax regulations and state-specific requirements, and typically requires notarization to be valid.

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What is a Affidavit Of No Estate Tax Due?

The Affidavit of No Estate Tax Due is utilized when settling estates in the United States where the total value falls below estate tax thresholds. This document is particularly important for expediting probate proceedings and releasing estate assets. It includes detailed information about the deceased, the estate's value, and a sworn statement confirming tax exemption status. The affidavit must comply with both federal requirements (currently $12.92 million threshold for 2023) and applicable state-specific estate tax thresholds. It serves as official documentation for both state tax authorities and probate courts.

What sections should be included in a Affidavit Of No Estate Tax Due?

1. Header and Venue: State and county where affidavit is being executed

2. Affiant Information: Personal details of person making the affidavit

3. Decedent Information: Details about the deceased person and date of death

4. Estate Value Declaration: Statement of total estate value and confirmation it's below tax threshold

5. Verification Statement: Under penalty of perjury declaration

6. Notarization Block: Space for notary acknowledgment

What sections are optional to include in a Affidavit Of No Estate Tax Due?

1. Relationship Declaration: Stating relationship to deceased, used when affiant isn't the executor

2. Property Description: Detailed list of estate assets, used when required by state law

3. Additional Beneficiary Information: Used when state requires listing of estate beneficiaries

What schedules should be included in a Affidavit Of No Estate Tax Due?

1. Schedule A - Asset Inventory: Detailed listing of estate assets and their values

2. Schedule B - Liabilities: List of estate debts and obligations

3. Appendix 1 - Death Certificate: Copy of death certificate (if required)

4. Appendix 2 - Letters Testamentary: Copy of executor appointment documents (if applicable)

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

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Clauses















Industries

IRC Section 2001: Federal Estate Tax provisions in the Internal Revenue Code that establish the basic framework for federal estate taxation

IRC Section 2010: Unified Credit Against Estate Tax - determines the estate tax exemption amount ($12.92 million for 2023)

IRC Section 6018: Estate Tax Return Filing Requirements - outlines when Form 706 must be filed

Federal Estate Tax Exemption: Current threshold of $12.92 million (2023) above which federal estate tax applies

Gross Estate Calculation Rules: Federal regulations determining how to calculate the total value of a decedent's estate

Form 706 Requirements: United States Estate Tax Return filing specifications and documentation requirements

State Estate Tax Laws: Varying state-specific legislation governing estate taxation at the state level

State Estate Tax Exemption: State-specific thresholds for estate tax liability, which may differ from federal limits

State Filing Requirements: State-specific documentation and filing procedures for estate tax matters

State Probate Codes: State laws governing the probate process and estate administration

Treasury Regulations: Federal Treasury Department's interpretative rules and guidance on estate tax matters

IRS Revenue Rulings: Official IRS interpretations and guidance on estate tax applications

State Notary Requirements: State-specific rules for proper notarization of estate documents

Affidavit Format Requirements: State-specific formal requirements for drafting and executing affidavits

Perjury Statement Requirements: Legal requirements for including statements regarding penalties of perjury in affidavits

Document Recording Requirements: State and local rules governing how and where estate documents must be recorded

Teams

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