Detailed Answer
In Texas, you can use a small estate affidavit to collect and distribute a decedent’s personal property without formal probate if the estate meets certain limits and conditions. This process derives from Texas Estates Code Chapter 205 (§ 205.001–.005).
1. Verify Eligibility
• Total value of community property does not exceed $75,000.
• Total value of the decedent’s separate personal property does not exceed $50,000.
• No application or grant of letters testamentary or of administration has been issued.
2. Calculate Estate Assets
• List all tangible personal property (bank accounts, vehicles, household goods).
• Determine fair market value as of date of death.
• Exclude real estate and assets passing by operation of law (joint tenancy, beneficiary designations).
3. Draft the Affidavit
Under § 205.002, your affidavit must include:
• Decedent’s name, date of death, and county of residence.
• Statement of no administration pending.
• Description and value of each asset.
• List of all heirs entitled to share and their relationship.
• Declaration that the estate qualifies for exemption.
4. Notarize and Sign
• Sign the affidavit in front of a notary public.
• Ensure all heirs sign or acknowledge their share as required.
5. Present the Affidavit
• Give the affidavit to the custodian (bank, brokerage, or other entity holding assets).
• Present valid identification and death certificate.
• The institution may release the property listed.
6. Distribute Assets
• Allocate distributions per Texas intestacy rules (§ 201.001–.302).
• Have heirs sign receipts or releases to document transfer.
• Keep detailed records of each transaction.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consider consulting a qualified attorney to address your specific situation.
Helpful Hints
- Gather death certificate copies before drafting the affidavit.
- Use a certified appraisal or bank statement to support asset values.
- Double-check that no formal probate filing exists.
- Keep clear records of all distributions and signed receipts.
- Consult an attorney if heirs dispute asset allocation.
- Review beneficiary designations and joint accounts first.
- File your original affidavit in the county of the decedent’s residence if required by the custodian.