Rule 91 Affidavits of Collection

When someone dies with a small estate, family members can sometimes collect assets by filling out a simple sworn form called an affidavit of collection, instead of going through a full probate case. This rule covers what happens when more than one person has an equal right to collect the same asset, like when several siblings all qualify to collect a parent's bank account.

In this situation, the bank or other asset holder can simply hand over the asset to whichever qualifying person shows up first with a properly completed affidavit. Once that happens, the bank or asset holder is off the hook. They cannot be sued or held responsible later by other family members who also had a right to collect the asset but didn't get there first.

If another family member later believes they should have received the asset instead, they cannot go after the bank. Their only option is to file a separate court case against the person who actually collected the asset, asking a judge to decide who really had the better claim to it.