Estate Law Questions? Ask an Estate Lawyer.
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If the estate includes real estate then it is not eligible for a small estate affidavit affidavit. The affidavit is only for use when the estate consists of personal property ONLY and the total value does not exceed $100k.
However, if the property was in trust then probate may not even be necessary unless the trust instrument provides otherwise, and the trust, not the small estate affidavit would control the disposition of the real property it contains.
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