Q: An insurance company called me about policies my parents had. They asked me to fill out a Small Estate Affidavit.
I looked at it, and it says all "Distributees of the estate" have to "personally appear." My sister lives out of the country and doesn't travel. What can I do?
A: Please look at the form carefully. Appearing personally may well refer to appearing personally before a notary public, whether at a bank here or at a U.S. consulate abroad. There is no hearing on an Affidavit of Small Estate and so no need for heirs to appear personally in court.
Tammy L. Wincott and Ross F. Tew agree with this answer
1 user found this answer helpful
A: The personal appearance by a signer on a Small Estate Affidavit is not at a hearing, but in front of the notary who notarizes that signer's signature.
Tammy L. Wincott agrees with this answer
1 user found this answer helpful
A: Usually there is no hearing in a Small Estate Affidavit proceeding; therefore, no appearance in court. Be sure your SEA is done correctly and all appropriate language for the signers is included.
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