Texas Small Estate Affidavit Checklist
Description
How to fill out Texas Small Estate Affidavit Checklist?
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FAQ
Small estate affidavit process in Texas Name and address of decedent. Date of death. Description of assets. Description of debts. Names and addresses of distributes. Signatures of distributees.
You must file the Small Estate Affidavit in the right county. Generally, you can file the affidavit in the county where the decedent lived (had a domicile or fixed place of residence) at the time of death.
Who files a small estate affidavit in Texas. To be able to file a small estate affidavit in Texas for a loved one, when no will was executed, you must be a person who would inherit under Texas intestacy law (this is generally the spouse and children, or other close relatives if there are no spouse or children).
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.
Since under Texas law, only a licensed attorney can represent the interests of others, preparing and filing pleadings in a probate matter without the assistance of counsel would, ing to caselaw, constitute the unauthorized practice of law.
The small estate affidavit must show that the deceased's estate is worth $75,000 or less, the estate's assets cover any outstanding debts, and a few other requirements.
People then fill out a form without reading the statute and or understanding Texas intestacy law. They pay a $232 filing fee and expect approval.
How Much Does It Cost To Get A Small Estate Affidavit In Texas? Each county has its own filing fee schedule, so court costs can vary. If you prepare the document on your own, you should expect to pay between $250 and $400.00 in fees.