How to Get a Next-of-Kin Affidavit

You can use a next-of-kin affidavit to avoid formal administration proceedings in probate court for a deceased person with a small estate. Filing the affidavit allows you to transfer ownership of or access assets, such as bank accounts, of the deceased. Only legal heirs, as defined under state laws, can complete a next-of-kin affidavit, and the deceased's estate value must be under the amount limit set by the court.

Things You'll Need

• Death certificate

Instructions

1. Locate the death certificate. Contact the state department of records or vital statistics if you need a certified copy.

2. Visit the surrogate or probate court responsible for the area the deceased lived in. Ask for the next-of-kin affidavit form, the court rules and instructions and a fee schedule.

3. Make a list of all the property you must put on the affidavit. Give values and locations. For example, if the deceased had a savings account and a car, list the bank account number, the name of bank that held the account and the account balance on the date of death, as well as the make, model and year of the car and an estimated value for it. Check the court rules for acceptable methods of determining car values.

4. Contact the funeral home. Ask for a copy of the paid bill.

5. Complete the affidavit form. Use the death certificate for the deceased's full name and date of death. Forms vary by area, but you commonly also need the deceased's place of death, last address and the names, addresses and ages of all legal heirs. Use the property list in the property section of the affidavit. Attach the funeral bill and the death certificate to the affidavit.

6. Sign and date the affidavit form in front of a notary. Local banks and courthouses usually offer notary services. Contact the probate court if you need notary locations.

7. Check the filing fees. Prepare payment before going to court.

8. File the affidavit in the surrogate or probate court. Pay the filing fee. The court will issue the formal affidavit. Get certified copies for all banks and other entities that hold assets you listed.

Tips & Warnings

• Check the court rules to see who you must list as a legal heir under state intestacy laws.

• Contact the state bar association for estate attorney listings if you need help.

• You will have to file another affidavit if you omitted any of the deceased's property and need to transfer ownership of it.

References

• Mercer County, New Jersey: Affidavits of Surviving Spouse, Domestic Partner or Next of Kin
• State of Connecticut; Probate Court: Affidavit in Lieu of Administration