Can I use a small estate affidavit

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Can I use a small estate affidavit

Do I need to go to court to get a small
estate affidavit ? My husband died and
we didn’t have much as far as money,
property or any assests. I have his last
paycheck and a couple checks from the
U.S. Treasury that I don’t know if I can
deposit or not

Asked on February 14, 2018 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  You have what is likely a Small Estate so there is an Affidavit that can be filed to allow you to Probate the estate without jumping through hoops.  Anythign jointly held passed to you automatically at the time of his death.  I will give you a few links to help but go to the Circuit Court in the county in which you reside for filing.  The clerks can guide you but not give legal advice.  Good luck.
http://countyclerk.paynecounty.org/wp-content/uploads/2015/04/Small-Estate-Affidavit.pdf
https://www.oklahomacounty.org/217/Court-Clerk-Forms


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