If my brother died without a Will and left a 16 year,old son, do I file a small estate affidavit so I can transfer the automobile over to the son?

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If my brother died without a Will and left a 16 year,old son, do I file a small estate affidavit so I can transfer the automobile over to the son?

We need to try to sell the remainder of his items (very few) to pay for his funeral. He had no property only a car and truck.

Asked on March 26, 2015 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  If you were filing a regular estate you would need the following:

  • Title that has been signed over by the administrator
  • Copy of administrator’s Letter of Testamentary issued by Probate Court
  • Emissions inspection if applicable
  • Affidavit of Non Dealer Transfer(gift affidavit)

A small estate is used when property is $25,000 or less and it is transferred via affidavit (a request in writing) asking the court to use the easier process.  List all assets and debts.   The affidavit must be accompanied by a certified copy of the death certificate and written agreement from all heirs that no bond is necessary. Good luck.


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