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Non Probate Affidavit for the United States

Non Probate Affidavit Template for United States

A Non-Probate Affidavit is a legal document used in the United States to transfer property from a deceased person's estate to their heirs without going through formal probate proceedings. This document is typically available when the estate's value falls below a certain threshold, which varies by state. It allows for a simplified and cost-effective process for settling small estates, enabling heirs to claim assets directly from institutions holding them.

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Non Probate Affidavit

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What is a Non Probate Affidavit?

The Non Probate Affidavit serves as a streamlined alternative to formal probate proceedings in the United States. It's specifically designed for estates valued below state-specific thresholds (typically ranging from $25,000 to $100,000, depending on the jurisdiction). This document allows eligible survivors to claim and distribute assets without court intervention, significantly reducing time and costs associated with traditional probate. It typically requires a waiting period after death (usually 30-45 days) and includes detailed information about the deceased, their assets, and rightful heirs.

What sections should be included in a Non Probate Affidavit?

1. Affiant Information: Personal details and legal capacity of the person making the affidavit

2. Decedent Information: Details about the deceased person, including date and place of death

3. Estate Value Declaration: Statement of the total value of the estate and confirmation it's below state threshold

4. Asset List: Detailed inventory of all known assets belonging to the deceased

5. Heir Information: List of all legal heirs and their relationship to the deceased

6. Debt Declaration: Statement regarding outstanding debts and funeral expenses

What sections are optional to include in a Non Probate Affidavit?

1. Will Statement: Declaration regarding existence/non-existence of a will, used when required by state law or when clarity about will status is needed

2. Other Probate Proceedings: Statement about any other probate proceedings, used when multiple jurisdictions are involved

3. Surviving Spouse Statement: Special declarations regarding surviving spouse rights, used when deceased was married at time of death

What schedules should be included in a Non Probate Affidavit?

1. Schedule A - Detailed Asset Inventory: Itemized list of all assets with values and descriptions

2. Schedule B - Death Certificate: Certified copy of death certificate

3. Schedule C - Supporting Documents: Additional documentation such as vehicle titles, property deeds, or bank statements

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
Relevant legal definitions





















Clauses
















Industries

State-Specific Small Estate Laws: Each state has its own threshold values and specific requirements for small estate procedures, including maximum estate value limits and mandatory waiting periods (typically 30-45 days) after death before filing

Uniform Probate Code (UPC): Sections 3-1201 through 3-1204 of the UPC provide fundamental framework for small estate procedures, though not all states have adopted this code

Property Transfer Laws: State-specific legislation governing real and personal property transfer, including joint tenancy rights, survivorship rights, and community property laws where applicable

Financial Institution Regulations: Federal and state banking regulations regarding the release of funds and requirements for accepting affidavits in lieu of probate from financial institutions

Tax Regulations: Federal estate tax regulations, state inheritance tax laws, and rules governing the transfer of tax liability in small estate proceedings

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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