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When the value of an estate is small, there are two options that can simplify the process of dealing with the estate. These options are available regardless of whether there is a Will.
There is a simplified process available if the total value of an estate is under $15,000. This applies even if the estate contains real property like a house or land. A person who is entitled to apply to deal with the estate can apply to use this process. This must be done through your local registrar who will assist in completing the estate documents. As part of the application, you must provide any documents required by the registrar and pay a fee.
There is another simplified process available where an estate has no real property and its total value is under $25,000. In this case, Letters Probate or Letters of Administration are not required. Any interested individual can apply to court for an order allowing them to distribute the estate.
This is done by preparing an Application in Small Estates - Memorandum to the Judge. A small fee must also be paid. The applicant sets out how they will pay the estate’s funeral expenses and debts. Following that it sets out how whatever is left will be distributed to the beneficiaries or next of kin. The application also includes an affidavit for the applicant to complete. It sets out who is entitled to share in the estate, information about creditors and their claims, and details about funeral expenses.
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