When filing a small estate affidavit for my deceased spouse, do I need to list each bank account and stock individually?

Lexi, Chatbot

I’m sorry to hear about your loss. Have you already started the small estate process?

Lexi, Chatbot

Are there specific assets you’re unsure about listing?

Lexi, Chatbot

Is there anything else the estate lawyer should know?

EsquireChamp

In most states, a small estate affidavit requires assets to be listed with enough specificity that they can be clearly identified and released. In practice, that usually means each bank account and each stock holding should be listed separately, rather than lumped together. Courts and financial institutions rely on that level of detail to release the correct assets and to ensure transparency for heirs and potential creditors.

If the vehicle title is missing, the truck should still be listed as an estate asset in the affidavit. Most states allow a lost-title affidavit or a similar DMV process to obtain a replacement title. Even if the vehicle has already been assessed or registered in your name, it’s important to confirm with the motor vehicle department whether a replacement title application or additional affidavit is required to fully and properly complete the transfer.

Regarding the life insurance policy, because the named beneficiary (his mother) survived him but passed away before the estate was opened, the proceeds typically become part of her estate, unless the policy names a contingent beneficiary or includes special distribution language. Since you already have an attorney handling her probate estate, that attorney should take responsibility for collecting and distributing those proceeds. The same general rule applies to any bonds or payable-on-death accounts that named her as the beneficiary.

EsquireChamp

On the small estate affidavit for your husband, you would typically identify the life insurance policy as an asset but note that it is payable to a deceased beneficiary, with distribution handled through the beneficiary’s estate. You would not list yourself or another heir as inheriting those proceeds unless the policy terms direct otherwise.

Yes, bonds or accounts payable-on-death to his mother would ordinarily pass to her estate, and coordination with her estate attorney is appropriate.

EsquireChamp

You’re welcome. Listing them individually in the asset section of the affidavit is the safest and most widely accepted approach.

EsquireChamp

You’re welcome. Glad I could help.