Do I need to file a small estate affidavit if my sister passed away without a Will and my mother is the next of kin?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I need to file a small estate affidavit if my sister passed away without a Will and my mother is the next of kin?
My sister owned a small home.
Asked on January 7, 2016 under Estate Planning, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
My research suggests that in WA, the small estate affidavit only applies to personal property. Since your sister owned a home, that is real estate thereby the affidavit process is not available to you in this case. At this point, you will probably need to open a formal probate. However, to be certain of your rights, you should contact the appropriate probate court or consult directly with a probate attorney in the area for more information.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.