Probate for Small MH Estates

Requirements

To use the small estate process, the personal property (i.e., everything other than real estate) in the estate must have a combined value <$2,500.

In determining the gross value of the estate, you should value assets as of the date of death, and ignore any unsecured debts (but do subtract things like liens and mortgages). Do not include any assets that would not normally go through probate, such as community property with rights of survivorship, assets with named beneficiaries (e.g., 401Ks, life insurance policies), and other standard probate exclusions.

Process

To use the small estate process:

1. Prepare a Small Estate Affidavit (see below)
2. Obtain possession of estate assets by presenting the affidavit to current custodians (this affidavit cannot be used to collect real estate)
3. Settle the estate in the normal way (pay debts, distribute remaining assets)
4. If everything goes smoothly, no court involvement will ever be required

Affidavit

The small estate affidavit should include:

• The name of the decedent, address, and date of death
• Your relationship to the decedent (e.g., spouse, son, etc.), and, if not the closet surviving relative, your authority for making this claim (e.g., named in the will)
• The names and addresses of any surviving spouse, children, and any survivor of the decedent who is more closely related to the decedent than you
• The nature and value of estate assets
• Whether or not the decedent left a will and, if so, to whom the decedent gave the assets of the estate
• A statement that you will undertake to pay any estate debts to the extent the assets permit
• The names of anyone entitled to a distribution of assets and the share to which each is entitled

Have the affidavit notarized.

Requirements

You can request an Order of Transfer if you cannot readily obtain possession of estate personal property, and you are a surviving spouse, any adult child, including an adopted child, or no such persons survive, the nearest surviving relative.

Process

To settle an estate via Order of Transfer:

1. File a complaint with the High Court asking for the property to be transferred to you
2. Upon approval, the court will an order directing the property to be transferred
3. Use the order to collect estate assets (this order cannot be used to collect real estate)
4. Settle the estate in the normal way (pay debts, make distributions)
5. If you belatedly discover the estate cannot pay all its debts, stop, and report back to the court

Complaint

The complaint must include:

• The name of the decedent, residence, and date of death
• Your relationship to the decedent (e.g., spouse, son, etc.), and, if not the closet surviving relative, your authority for making this claim (e.g., named in the will)
• The names and addresses of any surviving spouse and children, or if none, of the nearest surviving relative
• The total value of the estate personal property
• The property, if any, that passed or is to pass under either intestate or under a will, and to whom it went or is to go
• A statement that you will undertake to pay any estate debts to the extent the assets permit, and to distribute anything remaining to the person or persons entitled to it

Have the complaint notarized, and attach a copy of the death certificate and the will (if any)