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Fortunately, not all property needs to go through this legal process before it passes to your heirs.The quick rule of thumb is probate is not required when the estate is small, or the property is designed to pass outside of probate. It doesn't matter if you leave a will.

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.

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

The Illinois small estate affidavit provides a streamlined way for an heir-at-law of a decedent to gather and distribute the assets of the estate of a person who died, provided that no other petition to open an estate in probate court has been filed and that the assets of the person who died do not exceed $100,000.

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).

When you use a small estate affidavit , you have to pay the decedent's bills before paying money to anyone else. For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company.

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