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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My mother passed away 01/24/11 and I am just now filing a small

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My mother passed away 01/24/11 and I am just now filing a small estate affidavit. The house has been on the market for over 2 years and just sold at a loss. I have not filed the affidavit before because my brother and I have been paying bills since the funds were depleted. There was a $75,000 loan on the home, I put a roof on the home, did all the necessary repairs and updates for sale and I paid the taxes. I knew expenses would continue to accrue beyond funds available at my mother's death and did not want to file it showing assets that would be expended. At this point do I fill out the affidavit as of her time of death or as of now?

Thank you for your question. Please permit me to assist you with your concerns.

The small estate affidavit is active as of the date of death, not the date of filing. That is the date that you should consider placing on the documentation. You still list the date when you filed the affidavit, but it would still be based upon her death certificate and time of passing.

Good luck.

Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


If I file it as of time of death, how to I reflect losses to creditors that may still be owed - I paid two charge cards long after funds ran out from my own funds, but they are still owed money. there are and will be no funds from the "estate" to pay them. The house for a loss - I will lose thousands, but surely do not want to pay any others.

Gail,

Thank you for your follow-up. All you need to do is list the creditors and the current estate amount. If the current estate amount has no assets to pay the creditors, simply list so on the form. You still have to list all existing creditors at the time of filing on the affidavit, and you can attach an additional exhibit showing which creditors you paid on behalf of the deceased and from what accounts. It would still be up to the creditors to try to pursue payment, the county simply wishes for the best accounting possible for their records.

Good luck.

Customer: replied 3 years ago.


hopefully this next question will complete all I need to know - do I list only what was owed and what assets there were at time of death and then attach what has been paid out to date to show the negative balance?

Gail,

Glad to help! All you need to do is list what you are currently aware are the creditors and what is owed to them, as well as the current assets. You can list, in a separate attachment, what assets have already been disposed of toward the outside owed obligations toward creditors.

Hope that clarifies!

Customer: replied 3 years ago.

you say to list the current assets, but you also say the affidavit is filled out according to the time of death - at the time of death there were funds available in accounts and the house had not yet been sold - currently the house is sold on contract at a loss so the current assets are negative, but they were not at the time of death - I still don't know how to reflect this on the form

Gail,

You must base the affidavit on the date of death. But you attach a letter of explanation defining where the assets were spent, to which creditors, and what the current balance is for all the accounts and for all of the creditors. I apologize if that sounds confusing, but the affidavit is in force based on death of the deceased.