My father passed away on march 27. It's April 27 now. In ten days I can go do that. My father's estate/house is worth about 115k. He has an account as well for about 10k. I'm the only heir. He wasn't married. There was no will. He has no other assets meaning I don't have to do full probate right? So after 40 days, and I go to the bank to sign it. Is there a waiting period or is it pretty instant?
Related Topics: 2 Lawyer Answers
A: There is no waiting period on a Small Estate Affidavit other than that 40 days have elapsed since the decedent's death. While the bank may have their own form, they may require that you provide one.
In addition to the form, you will need to attach a certified copy of your father's death certificate.
If you have any questions about the procedure, or your liability for using the affidavit transfer procedure, I would speak with a lawyer. Most local county bar associations provide referrals to attorneys who provide short consultations for no or an extremely low cost.
A: Yes, you can collect the bank account with the Affidavit of Small Estate procedure.
However, there is another procedure to transfer the house to you. First you will have to get an appraisal for the house from the Probate Referee. So long as the house appraises for $115,000, then you can file a Petition to Determine Succession to Real Property with the Probate Court to transfer the house to you. You'll send out notice to anyone entitled to notice and attend a court hearing. Contact an attorney for a full consultation.
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