Detailed Answer

In Texas, a small estate affidavit streamlines the transfer of certain estate assets without full probate when the decedent’s estate qualifies as a “small estate.” Under Texas Estates Code §205.001, you may use a small estate affidavit if:

• The value of the decedent’s personal property (excluding homestead and exempt property) does not exceed $75,000;
• No personal representative has been appointed; or the deadline to appoint one has passed.

To complete and file a valid small estate affidavit under Texas law, you generally need the following documents:

1. Certified Death Certificate. Obtain an official copy from the county clerk’s office or the Texas Department of State Health Services.
2. Completed Small Estate Affidavit Form. Prepare an affidavit that meets the requirements of Texas Estates Code §205.003. The form must include:
1. Decedent’s full name and date of death.
2. Statement of the estate’s total value and that it qualifies as a small estate.
3. Heir’s name, address, and relationship to the decedent.
4. List of assets being claimed.
3. Proof of Asset Ownership and Value. Provide current account statements, vehicle titles, or appraisals showing ownership and valuation of each asset.
4. Heirship Evidence. Submit documents verifying your status as an heir or beneficiary, such as birth certificates, marriage certificates, or a prior affidavit of heirship.
5. Affiant’s Photo Identification. A government-issued ID (driver’s license, passport) to verify your identity as the person signing the affidavit.
6. Notice to Interested Parties (if required). In some cases, you must notify known creditors or interested parties before filing.

After gathering these documents, file the affidavit with the county probate court in the county where the decedent resided. The court clerk will review the paperwork and, if accepted, authorize distribution of the listed assets to you.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice.

Helpful Hints

• Verify asset values by obtaining updated statements or professional appraisals.
• Double-check that the estate’s value (excluding homestead and exempt property) is under $75,000.
• File the affidavit with the probate court in the decedent’s county of residence.
• Ensure all signatures are notarized before filing.
• Keep copies of all documents for your records.