The Quick Guide to Small Estate Affidavits

Texas has special laws concerning estates valued at less than $50,000. Many times, it is possible for these estates to be passed on to heirs more quickly and without passing through a probate court. Of course, there are many conditions and circumstances that must be considered in each case, and it is best to work with a Houston estate planning attorney. However, to prepare yourself for meeting with an attorney, consider the following:

  • If you wish for the estate of a loved one to be considered under small estate laws, you must file an affidavit within 30 days of that person’s death.
  • The affidavit must state that the person died without a will. If the individual had a will, a small estate affidavit won’t work.
  • There are specific rules that apply to whether real property can be inherited through a small estate affidavit – check with your attorney about this matter.
  • Include all debts owed by your loved one in the affidavit.
  • Assets must exceed debts in small estate affidavit situations.
  • All heirs must sign the affidavit and have their signatures notarized. If heirs are missing, a small estate affidavit may not be appropriate.
  • These affidavits are usually filed in the county of residence of the deceased individual, though Texas’s probate code includes some exemptions to this.

For More Information

When a loved one dies, it is sometimes tough to focus on the business of handling his or her estate, and probate code is so complicated that it is best to consult with an attorney no matter how comfortable you are handling legal matters on your own. Contact a Houston estate planning lawyer at Garg & Associates, P.C., today by calling 800-242-2151 for the assistance you need.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.