Information of Person Signing Affidavit: Enter your first, middle (if any), and last name. Small estate affidavits are a fast and affordable way to transfer property after someone has died, when the decedent died without a will.The signed and notarized Affidavit of Death should be filed in the property records in the county where the deceased owner's property is located. A. A surviving spouse at time of death? An heirship affidavit is a legal document used in estate administration to establish the rightful heirs to a deceased person's estate when no will exists. Transfer a deceased person's interest in real property to their heirs at law. Texas Estates Code Chapter 205 dealing with Small Estate Affidavits generates much confusion. C. More than 30 days have elapsed since Decedent's death (TEC§205.002(a)(2)). The deceased person died WITHOUT a will. If there is a will, a small estate affidavit CANNOT be used whether the will has been offered for probate or not.