This article answers frequently asked questions about using a small estate affidavit to transfer probate property to heirs in Texas. This guide tells you how to use a Small Estate Affidavit to probate an estate in Texas.Affidavit of Heirship to identify heirs of a deceased home owner. O Fill out Section A if you want the surviving spouse to get your share of the property upon your death. This form must be completed accurately, providing detailed information about both the deceased individual and their assets. Complete, ready-to-be-signed legal documents. Emailed to you in about an hour. The Texas DMV will issue a new title in the surviving spouse's name once the required paperwork is processed. Learn More About Section 153.003 Of The Texas Estates Code And Obtaining Bank Account Information Of A Deceased Family Member In Texas. If no such relatives exist, the property passes to the descendants of a predeceased spouse.