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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 $15,000 or less. This applies even if the estate contains real property, such as a house or land. A person who is entitled to apply to deal with the estate can apply to use this process.
If you want to use this process, the law sets out that your local registrar is the one who completes the estate documents for you. You simply have to go to the courthouse and request it. As part of the application, you must provide any documents required by the registrar. You must also pay a fee of $300 plus $7 for each $1,000 of value in the estate.
There is another simplified process available where the total value of the estate is $25,000 or less. This process can only be used if there is no real property in the estate, such as a house or land. In this case, Letters Probate or Letters of Administration are not required. Any interested person 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. The applicant sets out how they will pay the estate’s funeral expenses and debts. Following that, it sets out how the remainder 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. A fee of $100 must also be paid.
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