154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate Affidavit

Absolute Trust Talk

Navigating the probate process can feel overwhelming, so what if there was a way to avoid it entirely? In this episode of Absolute Trust Talk, associate attorney Jessica Colbert and managing attorney Kirsten Howe introduce the small estate affidavit—an often overlooked yet highly effective tool for bypassing probate when certain conditions are met. Together, they break down what it takes to qualify for this process, explain how it works to transfer personal property without court involvement and point out some important details and potential challenges. Don’t miss this insightful conversation that can make estate planning more manageable, quicker, and less stressful. Listen now!

Time-stamped Show Notes:

0:00 Introduction

0:45 Understanding the Small Estate Affidavit: What it is, how it works, and how it helps avoid probate.

2:20 Did you know? The total value of assets must be less than $184,500 to use a small estate affidavit.

3:12 Next, we’re discussing the eligible signers responsible for signing the small estate affidavit and ensuring compliance.

5:47 Don't forget this important document: A certified copy of the death certificate is essential to the process.

6:30 Can a bank refuse to honor a small estate affidavit? Discover what happens when an institution refuses and how to address it.

8:24 Thanks for tuning in! Next time, we’ll dive into another probate alternative, available only to surviving spouses.