Texas Small Estate Affidavits are authorized by Section 137 of the Texas Probate Code and are advantageous because the procedure allows the heirs to expeditiously transfer title to homesteads, automobiles, and pension/profit sharing plans, while avoiding costly probate proceedings. Small Estate Affidavits may be used in the following situations:
1. No petition for the appointment of a personal representative is pending or has been granted;
2. Thirty (30) days have elapsed since the death of the decedent; and
3. The value of the entire estate, not including homestead and exempt property does not exceed $50,000.
The Application for Small Estate Affidavit has strict requirements that must be met pursuant to the Property Code. If you need help filing a Small Estate Affidavit or simply have further questions regarding Small Estate Affidavits, please call the Wright Firm today at 972-353-4600 or visit our website at www.thewrightlawyers.com
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