The collection of small estate affidavit is a legal form that is filled by an heir of a deceased person, to collect the estate/property of the deceased person (decedent). The form, also known as Form 23 is restricted to use within the state of Arkansas only. Also, the heir can only use this small estate form if the the worth of the estate is below that mentioned in Arkansas State Law (in this case, $100,000 – revised on 5/11/07 from $50,000).
Ensure that the value of the estate is below the limit. The value includes all the assets, property and real estate of the decedent minus any encumbrances like bills or mortgages on a house. Also, 45 days must’ve passed since death.
How to fill This Affidavit form?
- The distributee must enter his/her name followed by details of the decedent, like name, age, place and county of residence, and date/time of death.
- Now, a description of the property is needed, which will include the valuation of the estate less any encumbrances. If any encumbrances, mention the names of those in possession.
- Give details of the heirs. This includes names, ages, relationships and addresses of all rightful heirs.
- Enter the date that the affiant is filling this affidavit along with signature(s) of the affiant(s).
- The form needs to be notarized or stamped by a clerk of a probate court. Enter the name of County in Arkansas State in which the notarization is taking place, along with the date and name of Deputy Clerk. The official seal is required to conclude this affidavit form.