The Texas Small Estate Affidavit is an affidavit written by the heirs of an estate when a family member has passed away without making a will. Find out how to write a free Texas Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A Texas small estate affidavit form is used in the event that the decedent had a limited amount of assets and passed away intestate. To qualify as a small estate in Texas, the estate in question must be valued at less than $75,000. A Texas Small Estate Affidavit can be used for the collection of personal property and real estate.
Texas Small Estate Affidavit Requirements
- The decedent must have been a resident of the State of Texas.
- Falls under Texas Estates Code Title 2 Estates of Decedents – Subtitle E Intestate Succession – Chapter 205 Texas Small Estate Affidavit and Section 137 of the Texas Probate Code.
- The estate in question must be valued at less than $75,000.
- Thirty days have elapsed since the death of the decedent.
- Must be filed with the probate court in the county where the decedent resided at the time of death.
How to Write a Texas Small Estate Affidavit Form
First of all, fill in the county in Texas at the top of the form and write the decedent’s full name in the space provided. Write the decedent’s name and date of death, and the address where the decedent lived at the time of death.
For Section 6, include an itemized list of all the property to be collected in the affidavit and the appraised value of each. List any claims, liabilities or debts in Section 7. For Section 8 and 9, list all the heirs along with the relationship to the decedent, the share of the estate that each heir is entitled to and the signature of each heir. Make sure thirty days have elapsed since the decedent’s passing before getting the signatures needed and that a copy of the death certificate is attached.
Free Texas Small Estate Affidavit Form
Once the document is signed and dated by the Probate Judge and two disinterested witnesses, the Texas small estate affidavit is then recorded in the Small Estate records of the county in Texas that the decedent passed away. The clerk of the court will then send certified copies of the affidavit to all parties involved and the heirs can start collecting the assets of the estate.
Fill out and print a free Texas Small Estate Affidavit online.