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Form 18 Affidavit to Claim Against Estate

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Form 18. AFFIDAVIT TO CLAIM AGAINST ESTATE

I, , do swear that the attached claim against the estate of , deceased, is correct, that nothing has been paid or delivered toward the satisfaction of the claim except as noted, that there are no offsets to this claim, to the knowledge of this affiant, except as therein stated, and that the sum of Dollars ($) is now justly due (or will or may become due as stated). I further state that if this claim is based upon a written instrument, a true and complete copy, including all endorsements, is attached.

Date:

[Signature]

[Affidavit]

Reporter's Note to Form 18: See Ark. Code Ann. §§ 28-50-103 - 28-50-104. If this affidavit is made by a corporation, organization, or anyone other than an individual in his or her own behalf, the representative capacity of the affiant must be clearly stated in the first line in the form and below the signature line. An affidavit is required by Ark. Code Ann. § 28-50-103(a).

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What the Form 18 Affidavit to Claim Against Estate Is

The Form 18 Affidavit to Claim Against Estate is a sworn written statement used by creditors, heirs, or other claimants to assert a monetary or property claim against a decedent's probate estate. It documents the claimant's relationship to the decedent, the amount and basis of the claim, and any supporting facts. The affidavit is typically submitted to the personal representative, estate counsel, or the probate court handling the estate to trigger review, allowance, negotiation, or court adjudication of the claim under local probate rules.

Why this affidavit matters for claims against an estate

Filing a properly completed Form 18 establishes a formal record of your claim, preserves statutory rights under probate procedure, creates a paper trail for negotiation or litigation, and helps the personal representative identify and prioritize debts and valid claims against estate assets.

Why this affidavit matters for claims against an estate

Who uses the Form 18 Affidavit and why

This affidavit is used by parties who assert a financial or property entitlement against a decedent's estate and need a formal, sworn claim on file.

  • Individual creditors or vendors asserting unpaid invoices or services rendered to the decedent within the claims period.
  • Heirs or beneficiaries asserting a specific entitlement or reimbursement from estate funds.
  • Attorneys or fiduciaries submitting claims on behalf of clients, creditors, or interest holders.

Use the Form 18 process to ensure your claim is evaluated under the probate timetable and documented for estate accounting and potential court review.

Common signers and claimants

Individual Claimant

A private creditor, family member, or beneficiary who files the affidavit to preserve a monetary or property claim. The affidavit should identify the claimant, relationship to decedent, amount claimed, and attach invoices, contracts, or proof of debt.

Representative Counsel

An attorney or authorized agent who files the affidavit on behalf of a client. Counsel must include a statement of authority and provide verification, contact information, and documentary support under local probate rules.

Essential information the form requires

Claimant Name: Full legal name of person or entity
Decedent Details: Full name, date of death
Claim Amount: Specific dollar value claimed
Basis of Claim: Invoice, contract, or obligation
Supporting Documents: Attach evidence or receipts
Signature & Date: Signed, dated, and notarized as required

Step-by-step: Completing Form 18 accurately

Follow these ordered steps to complete Form 18 so the affidavit is clear, supported, and acceptable to the personal representative or court.

  • 01
    Gather records: Collect invoices, contracts, and proof of delivery or performance.
  • 02
    Enter claimant details: Provide legal name, address, and contact information.
  • 03
    State the claim: Describe the basis and enter the exact dollar amount claimed.
  • 04
    Sign and notarize: Sign before a notary if the jurisdiction requires notarization.

How to set up a digital workflow for Form 18

Configure an eSubmission workflow to route Form 18 to the personal representative, estate counsel, and court as needed.

Field Configuration
Document Template Upload PDF and map fillable fields
Signer Order Set claimant first, estate rep second
Authentication Enable email + SMS code if required
Notifications Auto-notify parties on completion

Where to send the completed Form 18

After signing, route the affidavit to the appropriate recipients per local probate practice and the estate's instructions.

  • Personal Representative: Deliver the affidavit and supporting documents to the estate's executor or administrator for review.
  • Estate Attorney: Send a copy to estate counsel to include in the inventory and claims ledger.
  • Probate Court: File with the probate clerk only if required by court rules or when notice is contested.
  • Other Creditors: Share copies with known creditors if joint review or claims reconciliation is needed.

Digital signing and eSubmission considerations

Confirm your jurisdiction accepts electronic signatures and whether notarization or remote notarization is permitted before e-filing.

  • Authentication: Email, SMS code, or stronger methods
  • Notarization Support: In-person or RON where allowed
  • File Formats: Use PDF/A or PDF with fillable fields

Maintain audit trails, signed PDF copies, and any audio-video RON recordings as required by state law or court rules to preserve admissibility.

Typical timelines and deadlines to track

Monitor statutory and local probate deadlines; timelines differ by jurisdiction and by whether the claim is contested or unsecured.

Claim filing window:

Many states require claim filing within months of notice; check local probate statutes.

Response from estate:

Personal representative typically has a statutory period to allow or dispute claims.

Court filing deadline:

If claim is rejected, calendar deadlines for contested petitions and hearings.

Statute of limitations:

Underlying debt limitations still apply; verify state-specific limitation statutes.

Remote notarization records:

If RON used, retain session audio-video per state retention rules.

Common mistakes to avoid when preparing Form 18

  • Submitting incomplete supporting documents, which delays validation and may cause the personal representative to reject or ignore the claim.
  • Using inconsistent party names or incorrect decedent dates, resulting in misidentification of the estate and processing delays.
  • Failing to follow local notarization, witness, or filing procedures, which can render the affidavit inadmissible or untimely.
  • Overstating amounts without itemized calculations or documentation, inviting immediate dispute and potential sanctions.

Penalties and legal risks for incorrect or fraudulent claims

Rejection of claim: Claim may be disallowed
Loss of priority: Delay can forfeit payment priority
Sanctions: Court sanctions for false statements
Civil liability: Potential damages for fraudulent claims
Criminal exposure: Perjury charges in extreme cases
Statute limitations: Late filing bars recovery

Practical tips for accurate and efficient completion

Adopt a consistent approach to documentation, validation, and delivery to reduce disputes and accelerate resolution.

Standardize attachments
Include an index and label exhibits clearly so the personal representative and counsel can verify the claim without follow-up.
Confirm identity
Use the claimant's legal name and include a government ID copy if allowed by privacy rules to speed acceptance.
Use clear calculations
Provide itemized math for amounts claimed, include interest calculations where applicable, and show dates and sources.
Keep audit trail
Retain signed PDFs, timestamps, and any RON session records to establish execution and chain of custody.

Typical use cases when filing a Form 18 Affidavit

These examples illustrate common scenarios and practical considerations claimants face when asserting claims against an estate.

Small Estate Creditor

A utility vendor files Form 18 to claim unpaid bills for services rendered in the decedent’s last six months

  • The affidavit includes invoices and a contract reference
  • The personal representative negotiated a partial payment; having the affidavit on file preserved the vendor's right to an allowed claim during estate settlement.

Heir Reimbursement Claim

A beneficiary submits Form 18 seeking reimbursement for funeral expenses paid on behalf of the estate

  • The affidavit cites receipts and the statute permitting priority claims
  • The court allowed reimbursement as an administrative expense after documentation was provided.

eSignature vendor comparison for completing and submitting Form 18

This comparison highlights common plan features and starting prices across providers that support PDF workflows, audit trails, and notarization integrations.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about Form 18 Affidavit to Claim Against Estate

Answers to common procedural, legal, and technical questions to help claimants avoid delays and ensure a valid submission.


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