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The Texas Small Estate Affidavit

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

 

The Small Texas Estate

Frequently, we encounter situations where people pass away without a will, but with a small estate that still needs to be settled.  The Texas Probate Code provides a mechanism for this situation called a Small Estate Affidavit.  In this situation, the heirs of a decedent who dies without a will quite simply file an affidavit with the court which then entitles them to receive their share of the estate, to the extent that the assets of the estate (exclusive of homestead and exempt property) exceed the known liabilities of the estate (without regard to liabilities secured by the homestead and exempt property). 

 

Although the procedure is simple, several conditions must exist in order to utilize this mechanism.  First, no application for the appointment of a personal representative can be pending, or have been granted.  Second, thirty days must have elapsed since the decedent died.  Third, the entire value of the estate, not including homestead property and exempt property must not exceed  $50,000.00.  Finally, the affidavit must be sworn to by two disinterested witnesses and the affidavit must include a list of all the known assets and liabilities of the estate, the names and addresses of the distributes and their right to receive a share of the estate.  A filing fee must also be paid.

 We frequently assist in the resolution of small estates in addition to assisting with probate and estate administration with moderate and taxable estates as well as probate litigation.  If you have questions on estate administration or probate contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com