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Do I need to publish a notice after filing a small estate affidavit?

Do I need to publish a notice after filing a small estate affidavit?

Full question:

I am filing a Small Estates affidavit with the court to be in charge of my sister's estate. Since I may not be aware of all her bills, am I required to place an add in the paper to state her death, where to claim payment, etc.?

Category: Wills and Estates
Subcategory: Small Estates
Date: 04/07/2025
State: Oregon

Answer:

If you are filing a small estate affidavit, you must name known creditors in the affidavit. If you suspect there are unknown creditors, you can publish a notice to creditors, similar to what is done in full probate cases. However, publishing this notice may not protect you from claims if a full probate is not initiated. That said, publishing a notice can be a good precaution if you are unsure of all claims.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the threshold for a small estate affidavit in Michigan?

In Michigan, the threshold for a small estate affidavit is $24,000. This amount includes the total value of the estate, excluding any property that passes outside of probate, such as joint accounts or life insurance. If the estate's total value is below this threshold, you can file a small estate affidavit to manage the estate without going through full probate. Always check for any updates to this amount, as it may change over time.

Does a small estate affidavit need to be filed with the court in Michigan?

Yes, in Michigan, a small estate affidavit must be filed with the probate court. This document allows the person in charge of the estate to collect assets and settle debts without going through the full probate process. The affidavit should include information about the deceased and the estate's assets. It's essential to follow the proper procedures to ensure the affidavit is valid.

What is the difference between a small estate and a probate estate?

A small estate typically refers to an estate that falls below a certain value threshold, allowing for simplified administration through a small estate affidavit. In contrast, a probate estate involves a larger estate that requires formal probate proceedings to settle debts, distribute assets, and validate the will. The probate process can be more time-consuming and costly compared to the small estate process.

Do you need an EIN for a small estate affidavit?

In most cases, you do not need an Employer Identification Number (EIN) for a small estate affidavit unless the estate has income-generating assets or if you need to file a tax return for the estate. If the estate requires an EIN, you can apply for one through the IRS. It's advisable to consult a tax professional or attorney for guidance based on your specific situation.

Do I have to file a small estate affidavit with the court in California?

Yes, in California, you must file a small estate affidavit with the court if the estate's value is under $166,250. This affidavit allows you to collect the deceased's assets without going through formal probate. Ensure that you meet all requirements and include necessary information about the estate and the deceased when filing.

Do all estates have to go through probate in Michigan?

Not all estates in Michigan must go through probate. If the estate's total value is below the small estate threshold of $24,000, you can use a small estate affidavit to manage the estate without formal probate. Additionally, assets that pass outside of probate, such as joint accounts or living trusts, do not require probate. However, larger estates will need to go through the probate process.

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