(2) A creditor of an estate who is subject to subsection (1) of this section may give written notice to the State Treasurer informing the State Treasurer that the creditor intends to file a small estate affidavit. Upon receiving the notice permitted by this subsection, the State Treasurer shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the State Treasurer shall either:
(a) Give written authorization to the creditor for the filing of a small estate affidavit by the creditor; or
(b) Inform the creditor that the State Treasurer will file a small estate affidavit as claiming successor.
(3) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files a small estate affidavit must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from the State Treasurer. The written authorization may be a copy of a memorandum of an interagency agreement between the State Treasurer and another state agency. [1997 c.88 §2; 2003 c.395 §15; 2019 c.165 §6; 2019 c.678 §41a]