How to Transfer Property Using Transfer by Affidavit

You must wait 28 days after the decedent’s death to use the transfer by affidavit procedure.

Use the Do-It-Yourself Settling a Small Estate tool to fill out affidavit. Sign the affidavit in front of a notary. There are notaries at many banks or credit unions. If you need more expanded hours, many copy and print shops also have notaries available. Whatever option you choose, call first to make sure someone will be there when you go. Most notaries charge a small fee. You will need to show the notary a photo ID, such as a driver’s license or state ID card.

You will get a "Testimony to Identify Heirs" form when you complete the Do-It-Yourself Settling a Small Estate tool. This form shows you who should inherit property from the decedent’s estate. This form is for your reference only. You do not have to notarize this form because you are not filing it with the court, and you will not use it to get property from people or organizations holding some of the decedent’s property.

Make at least one copy of the affidavit after it has been notarized.

The Do-It-Yourself Settling a Small Estate tool will tell you the shares each person is entitled to, but some things (like cars) cannot easily be divided. Decide how to divide the existing property so everyone gets the share they deserve.

If someone has property that belonged to the decedent, show them the notarized affidavit to get access to the property. For example, you may need to show it to a bank or the decedent’s landlord.

If a decedent had a bank account, take a copy of the affidavit along with a copy of the death certificate to the decedent’s bank. The bank should give you the money in the account. If the affidavit says more than one person is entitled to part of the account, it might be distributed as checks to each person entitled to a share.

If the decedent had property in an apartment or rented home, show the landlord a copy of the affidavit to collect the decedent’s personal property.

The person inheriting the vehicle must sign the Certification from the Heir to a Vehicle, which was prepared by the Do-It-Yourself Settling a Small Estate tool. Take it to the Secretary of State’s (SOS) office with a copy of the death certificate. If you have a copy of the vehicle title, take that, too.

If there is no surviving spouse, more than one heir may each have an equal right to the car. Those who will not be getting the title in their names may complete and sign a Certification statement of their own to state they give up that right.

If the car is transferred to someone who is not the spouse or an heir, the person who gets it will have to pay use tax. The use tax is paid at the SOS office when the title is transferred.

If the decedent’s employer hasn’t paid all wages and benefits due to the decedent, show the employer a certified copy of the order to collect that money.