Claiming successor

What it means

Most small-estate statutes are written around this figure rather than around an executor: a person entitled to the property who swears to a short list of facts and presents it to whoever is holding it.

Who qualifies is defined by entitlement rather than by relationship, which is why several states say in terms that a claiming successor need not be related to the person who died.

Why it matters

The claiming successor usually takes on an exposure in exchange for the shortcut: answerable to any personal representative later appointed, and to anybody with a superior right.

In some states getting the affidavit wrong shifts more than the property. Nevada leaves an untrue affidavit's proceeds subject to all the debts of the person who died.

When you are likely to meet it

• On the face of most small-estate affidavits.
• Where a form asks for the basis on which you claim rather than your relationship.

How this varies by state

The definition of successor, and what the successor is answerable for, is set state by state.

Related terms

• DistributeeA person entitled to receive property from an estate — the word statutes use where a family would say heir.
• HeirSomeone entitled to inherit under state law when there is no will — not simply a relative.
• Next of kinThe closest living relative or relatives, as the law of a particular state defines them — not as a family would.
• Personal representativeThe neutral term for whoever is authorized to act for an estate, whether named in a will or appointed by a court.
• Small assetA single item measured on its own against a ceiling — not the whole estate.
• Small-estate affidavitA sworn statement a state allows instead of a full probate case for an estate under its ceiling. What it is called, what it reaches and whether a court is involved differ by state.
• Successor in interestSomebody who receives an interest in a mortgaged home from a borrower who died, and gains the borrower's rights.

Sahvelo guidance that uses this

• Small estate procedures