If you are going to sell a property in order to business then you have to aware of the legal requirements of the action. If you are a foreigner and want to sell property in the USA then you have to pay the tax on the property according to the 1980 tax act. This tax act is known as the FIRPTA or Foreign Investment in Real Property Tax Act and if foreigners selling property in USA then they have to learn about this tax act.
Great article by the great author for Notarization , it is very massive and informative but still preaches the way to sounds like that it has some beautiful thoughts described so I really appreciate this article
April 11, 2022 at 11:22 AM
All states have a simplified procedure of some kind for transferring the property of a decedent with few assets. For a great summary of these laws, see Joseph N. Blumberg's article, A Survey of Small Estate Procedures Across the Country.
The majority of states allow title to certain property to be transferred by sworn affidavit, without the need for any court intervention or supervision. My objective here is to provide a link to a small estate affidavit form from an authoritative source for each of these states. Where I wasn't able to locate such a form, I included a link to that state's statute or a helpful website. For states that require court intervention or supervision, I tried to do the same thing, but clearly many of these states don't have such a form, and in none of these states would any form be sufficient by itself.
For all states, I hoped at a minimum to include a link to some useful resource for transferring assets from small estates. This post will be updated as better sources become available; please comment below if you come across broken links or better forms or resources than what I currently have:
Alabama*
Illinois
Montana
Rhode Island*
Alaska
Indiana^
Nebraska
South Carolina
Arizona^
Iowa
Nevada
South Dakota
Arkansas*
Kansas
New Hampshire*
Tennessee*^
California
Kentucky*
New Jersey*
Texas*^
Colorado
Louisiana#
New Mexico^
Utah
Connecticut*
Maine
New York*
Vermont*
Delaware
Maryland*
North Carolina^#
Virginia^
District of Columbia*
Massachusetts#
North Dakota
Washington
Florida*
Michigan
Ohio*
West Virginia*
Georgia^#
Minnesota
Oklahoma^#
Wisconsin
Hawaii
Mississippi
Oregon^#
Wyoming#
Idaho^
Missouri*^
Pennsylvania#
* Affidavit insufficient by itself; a court process of some kind is required.
^ A county-specific form is linked.
# Affidavit may be insufficient; see state statute. State is deemed an "Affidavit Anomaly" by Joseph N. Blumberg due to uniqueness.
posted by Sterling Olander at 9:32 PM on Jan 6, 2016
"50 States' Small Estate Affidavit Forms"
2 Comments -
If you are going to sell a property in order to business then you have to aware of the legal requirements of the action. If you are a foreigner and want to sell property in the USA then you have to pay the tax on the property according to the 1980 tax act. This tax act is known as the FIRPTA or Foreign Investment in Real Property Tax Act and if foreigners selling property in USA then they have to learn about this tax act.
April 25, 2021 at 12:51 AM
Great article by the great author for Notarization , it is very massive and informative but still preaches the way to sounds like that it has some beautiful thoughts described so I really appreciate this article
April 11, 2022 at 11:22 AM