Q: our son passed away recently but did not have a will. He is umarried but has an 8 year old daughter. His estate is under
$100,000 The bank is holding his account open until any funds due are settled. All money due or collected will be given to his daughter. Do we just list her as 100% on the small estate affidavit? or should I list myself as his father? I want to give all proceeds to her but don't know what my options are. His daughter does live with her mother , but her and my son were never married. The small estate affidavit has me confused. Any help would be appreciated.
A:
Sir, I'm so sorry for your loss. I hope you're all hanging in there.
While you can be the affiant of the Small Estate Affidavit, the only heir of the estate is your granddaughter. Because the amount of money she'll likely receive is over $10,000.00, there will need to be a minor guardianship probate estate opened to receive those funds. The attorney who assists you with this can likely also help you complete the Small Estate Affidavit (there are issues, like claims, that need to be ascertained and contemplated).
I wish you the best of luck!
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