An Affidavit of Surviving Spouse or Next of Kin can only be used when the decedent died without a Will. The rules for the affidavit are similar however, the amounts vary. In the case of a Surviving Spouse the limit for an affidavit is $20,000.00 for the Next of Kin it is $10,000.00.
Surviving Spouse – would be the only one entitled to inherit and file this application. The application must specifically state the depository of the asset, the value and any identifying numbers. You will receive one letter for each asset
Next of Kin – this would include anyone entitled to inherit by intestacy law. If there is more than one individual consents must be obtained from the other beneficiaries. The affidavit must once again include the depository of the asset, the value and any identifying numbers. The entire value of the estate must not exceed $10,000.00.
In both cases the applicants will be swearing under oath that there is no Last Will and Testament of the deceased and that they are the closest next of kin. All degrees of kinship should be listed (in the case of a spouse, children of the decedent will be listed.
For Next of Kin you should include the relationship to the deceased. All consents must be signed in front of a Notary Public and acknowledged with the expiration date of commission and the seal of the Notary.