Replace Text In Legal Texas Small Estates Forms For Free

Once you complete the small estate affidavit and the affidavit of heirship, you must file them with the clerk of the court at the probate court in the county where the deceased was a resident. Some courts require a copy of the death certificate to be filed with the forms. The fee to file the forms will vary by county.

Note: This Small Estate Affidavit needs to be signed by the two disinterested witnesses in front of a notary. The Court usually does not require a hearing on SEA applications, but in some circumstances the Court may require a hearing before a SEA will be approved.

The SEA must be signed and sworn to by each heir before a notary. and can be determined by reviewing Chapter 201, Texas Estates Code. Filing fee is $263, but no additional fees are required to file amended SEAs.

In Texas, the small estate affidavit must be filed with the court and the court must approve the affidavit. After the court has approved the affidavit, it can be presented to a bank, organization or person, which then has to release the assets to the person with the affidavit.

Some of the essential requirements include the following: The decedent died without a will. The decedent left no more than $75,000 in property (not including homestead property, exempt property, and other non-probate property). The assets are worth more than the debts.

It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the public's use. For example, Harris County provides a very good small estate affidavit form (pdf), as well as detailed instructions for filling it out.