"Small Estate Affidavit Form" - Texas

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.