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Collecting Personal Property without a Court Case (Affidavit for Collection of Personal Property)

When can I collect the decedent's personal property without a court case?

In certain circumstances, personal property may be transferred to the decedent's successors without a probate case. If the estate meets certain conditions, the successor(s) can sign a special affidavit to collect the property of the person who died without filing anything with the court:

This simple procedure is available when the estate meets all of these conditions:

You can use:

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Who can sign the Affidavit?

Any person who has a right to the property of the person who died, other than a creditor, can collect the property by signing the Affidavit. This person is called a "successor."

A successor can be any one of the following:

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What do I do with the Affidavit once I sign it?

Give a copy of the Affidavit to any person or business who has personal property owned by the person who died. That person or business is required by law to give you the property.

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What do I do after I receive the property?

You cannot keep the property. You must give the property to the Personal Representative if one has been appointed by the court after you signed the document. If there is no Personal Representative, you must give the property to the rightful beneficiaries under a Will or the heirs of the person who died if there is no Will.

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What form do I fill out?

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Rev. 4 June 2014
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