Small Estate Affidavit — A Limited, Simplified Path for Qualifying Estates
When statutory conditions are met, a Small Estate Affidavit (SEA) can help collect assets without a full administration. We screen eligibility and prepare an affidavit and order the court will approve and sign without a hearing.
When This Route Applies
Signals It May Fit
- No valid Will (intestate) and the estate appears to meet statutory limits and requirements.
- No need for a personal representative to manage complex claims or disputes.
- Real property issues are limited (often homestead only) and can be addressed under SEA rules.
When It May Not Fit
- Estate value, asset mix, or debts exceed statutory limits or require ongoing administration.
- Title company or financial institution will not accept an SEA for the transaction at hand.
- Disputes among heirs/beneficiaries or unclear heirship (may require Determination of Heirship or administration).
Milestones
What to Expect
- 1
Eligibility Screening
Eligibility screening and heirship review; gather family, asset and debt information.
- 2
Prepare the Affidavit
Prepare the Small Estate Affidavit with required details and disinterested witnesses.
- 3
File & Obtain Order
File with the court and obtain the court's order if requirements are met.
- 4
Collect & Transfer
Use the approved SEA to collect qualifying assets or update title/records as applicable.
Your Role vs. Our Role
You (Applicant)
- Provide family information, asset/debt lists, and disinterested witnesses.
- Review and sign documents; communicate with heirs about what SEA can and cannot do.
Praxis (Your Probate Team)
- Screen for eligibility; draft the affidavit to statutory and title standards.
- Coordinate execution, filing, and orders; provide institutions with instructions and certified copies as needed.
- Advise when SEA is not accepted and pivot to the proper probate route.
Common Pitfalls
And how we prevent them
Relying on SEA When the Estate Doesn't Qualify
We screen eligibility up front so you don't waste time on a route that won't work.
Insufficient Detail for Title or Institutions
We prepare affidavits aligned with practical acceptance standards so they are not rejected.
Assuming SEA Solves Every Issue
We always advise on the correct route — whether it's debts, disputes, or non-qualifying assets.
Checklist
Documents & Info We'll Need
- ✓ Death certificate; marriage/divorce records as applicable; list of heirs with contact information.
- ✓ Asset and debt lists (with approximate values); property legal descriptions; account/policy information.
- ✓ Names and contact information for disinterested witnesses; any prior affidavits or title communications.
What "Done" Looks Like
When we complete a Small Estate Affidavit, here is what you can expect:
SEA executed with disinterested witnesses, order by the court, and filed in the property records.
Institutions and/or title company accept the SEA for the specific transfers involved.
If SEA is insufficient or the estate does not qualify, we proceed via the appropriate probate route to completion.
Ready to Get Started?
Whether you already know a Small Estate Affidavit is the right path or you need help figuring out which probate route fits your situation, we are here to help.
Probate Pathway Consultation