"Small Estate Affidavit Form" - Texas

What Is a Small Estate Affidavit in Texas?

A Texas Small Estate Affidavit Form refers to a formal document drafted to apply for prompt distribution of the estate of a person that has passed away. If they left no will, their heirs can be easily identified, and the assets are small enough to let the successors gain access to them without many formalities, it is allowed to file an affidavit and save time and money you would spend on regular probate proceedings instead.

A fillable Texas Small Estate Affidavit can be found below.

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How to File a Small Estate Affidavit in Texas?

To be able to come into possession of the assets left by the small estate owner, you need to follow the steps from this Texas Small Estate Affidavit checklist:

  1. Check whether the estate in question qualifies for the quick settlement - the value of the estate must not exceed $75.000. To formalize the affidavit, you have to find two impartial witnesses and visit the office of a local notary public otherwise the affidavit will not be legally enforceable. You also must wait for thirty days and only then use the form.
  2. Take advantage of the waiting period - make sure the deceased person did not leave a will, find out the exact value of the assets that comprise the estate, learn whether the person that passed away received state benefits, and collect contact details of every potential heir.
  3. Fill out the affidavit. Indicate the type of court and the local county, enter the name of the deceased individual, their date and location of death, and their last residential address, specify their Medicaid status, list the assets from the estate and record their value, describe the debts and liabilities associated with the estate, name the creditors, and state the amount of every debt, confirm attorney fees must be paid and name the individual responsible for the payment. Texas Small Estate Affidavit Forms must include the names of the relatives of the estate owner since they may have claims to the assets - the surviving spouse, children, parents, siblings, and other surviving relatives. Indicate the share of the assets each one of them is entitled to receive.
  4. Sign and date the form. Note that the document must be read and signed by all individuals that will receive the share of the estate. One of the main Texas Small Estate Affidavit requirements is the notary seal and signatures of two witnesses that acknowledge the intentions of the affiant to request a quicker distribution of assets. If you skip this step, the validity of the form will be disputed and it will take longer to transfer the possessions of the estate owner.
  5. Once the document is notarized, you may submit it to the local county clerk. You will have to pay a fee - some courts will also ask you for a certified copy of a death certificate so it is advised to obtain it during the thirty days you wait for the filing. When the judge approves the affidavit, you will be able to present the form to every individual or entity that holds the estate and they will have to distribute the possessions in accordance with the statements put in writing.

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Texas Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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Texas Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
If more Heirs or Devisees continue in Attachment A.
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12. All heirs or devisees will be given notice of this affidavit within 30 days of filing.
13. All assets of the Decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are listed
below:
Asset
Value
Additional information
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
If more Assets continue in Attachment B.
14. All liabilities and debts of the Decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt
Amount owed
Creditor information
$________________
$________________
$________________
$________________
$________________
$________________
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$________________
$________________
$________________
If more Liabilities/Debts continue in Attachment C.
15. The following heirs or devisees are entitled to the following property:
Heir or Devisee
Property
If more Liabilities/Debts continue in Attachment D.
16. This document is governed under the laws in the State of ______________________.
__________________________________
Affiant’s Signature
Signed and sworn to me on _________________________________________.
State of ______________________.
County of ________________________.
I, the undersigned authority in and for said County in said State, hereby certify that
____________________________________, whose name is signed as the Affiant in this
small estate affidavit, and who is known to me, acknowledged before me on this day that,
being informed of the contents of the said document, they executed the same voluntarily
on the day the same bears date.
Given under my hand on _____________________________________.
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_________________________________
_________________________________
Notary Public’s Printed Name
Date
_________________________________
_________________________________
Notary Public’s Signature
Commission Expiration Date
Note: in addition, your State may require the affidavit and signatures of two (2)
disinterested witnesses.
Witness 1
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
Witness 2
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
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