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A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.
The court appoints the executor who was named in the will to manage the estate. This involves not only protecting and distributing the decedent's assets, but also taking care of his or her debts and liabilities. Any estate worth less than $75,000 is not required to go through the court.
Guadalupe County Small Estate Affidavit Checklist Individuals then fill out a form without reading the statute and without understanding Texas intestacy law. They pay a $261 filing fee and expect approval.
The Texas Small Estate Affidavit is for use when a decedent (the person who died) left $75,000 or less in property and died without a will.The form must be approved by the probate court in the county in which decedent resided at the time of death before it can be used to collect the decedent's property.
The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.
Each county has its own specific form for the small estate affidavit, so obtain the form from the website or office of the probate court in the county in which your loved one was a resident. Although each form is slightly different, they all require the following information: Name and address of decedent. Date of death.
In Texas, however, a small estate affidavit is offered only where there is no will (also referred to as dying intestate) and for estates with a value of $75,000 or less. With some simple paperwork, your loved one's estate can be distributed without a costly court proceeding.
A Small Estate Affidavit formally identifies the decedent's heirs and it can be used to collect the decedent's assets such as bank accounts, life insurance or retirement that does not specify a beneficiary, and sometimes the decedent's homestead. We charge $750 to handle the Small Estate Affidavit.