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This is a sworn statement by which a person declares their legal entitlement to collect personal property belonging to another person, typically on the death of a relative where the estate is small enough that a full grant of probate is not required. Banks, employers, and other institutions may accept this affidavit to release funds or property without waiting for formal probate proceedings.

There is no formal threshold set by statute in England and Wales below which probate is automatically dispensed with. However, many financial institutions will release estates valued under a certain amount (commonly up to around five thousand pounds, though this varies by institution) on the basis of a statutory declaration or indemnity alone. Above this threshold, most organisations require a grant of probate or letters of administration.

The affidavit is typically made by the person claiming entitlement to the property, such as the executor named in a will, the next of kin under the intestacy rules in the Administration of Estates Act 1925, or a person to whom the deceased made a specific gift. The affidavit must clearly establish the deponent's legal basis for collecting the property and the relationship to the deceased.

Both are sworn statements carrying criminal liability for false statements. In practice, many organisations in England and Wales that deal with small estates accept a statutory declaration under the Statutory Declarations Act 1835 rather than a full affidavit. The institution to which you are applying should be asked which form they require. A solicitor can assist with preparing and swearing either form of document.

Inheritance Tax under the Inheritance Tax Act 1984 is payable on estates above the nil-rate band threshold (currently 325,000 pounds for most estates). Personal representatives collecting estate assets must ensure that any Inheritance Tax due has been accounted for and that HMRC has been notified through the relevant IHT return forms. An affidavit for collection does not discharge IHT liability; it is a separate obligation.

Property held as joint tenants in England and Wales passes automatically by survivorship on the death of one joint owner and does not form part of the deceased's estate. No probate or affidavit is needed for jointly held property; the surviving joint owner can notify the relevant institution with a death certificate. The affidavit for collection of personal property applies only to assets held in the sole name of the deceased.

The affidavit should identify the deceased by full name, date of birth, date of death, and last address. It should state the legal basis for the claimant's entitlement, the approximate value of the estate, a declaration that no other claimants have a superior interest, and a confirmation that the claimant will apply the property in accordance with the deceased's will or the intestacy rules. Many banks also require an accompanying indemnity.

Making a false statement on oath in an affidavit is perjury under the Perjury Act 1911 (maximum seven years' imprisonment). Falsely claiming entitlement to collect another person's property also constitutes fraud under the Fraud Act 2006 (maximum ten years' imprisonment). Courts in England and Wales treat fraudulent claims against estates as particularly serious given the vulnerability of beneficiaries.