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This article answers frequently asked questions about using a small estate affidavit to transfer probate property to heirs in Texas. Under Texas law, a small estate affidavit must include the following information.Each item below corresponds to a section of the form. Instructions for Small Estate Affidavit Form. The small estates book must contain an accurate index that shows the decedent's name and references to any land involved. Obtain a blank small estate affidavit form. The interview will ask you questions to help you fill out the form you need. This is a simple action in which a formal affidavit is filed with the court. Complete this form to the best of your knowledge and ability and then file it with your application or petition. 2. No form should be completed or filed until thirty (30) days have elapsed since death.