A small estate affidavit can avoid a lot of the probate costs for the survivor handling the deceased person's estate. The small estate affidavit must show that the deceased's estate is worth $75,000 or less, the estate's assets cover any outstanding debts, and a few other requirements.

The form must include: The witnesses' names and addresses. Relationships to the decedent. Decedent's date of death. Decedent's marital history. Decedent's family history (children, grandchildren, parents, siblings, nieces/nephews)

Two disinterested witnesses must sign the affidavit. Additionally, all heirs of the estate who have legal capacity, and the natural guardian or next of kin of a minor or an incapacitated heir, must sign the affidavit.

Cons of Small Estate Affidavit This process can't be used to transfer real estate other than a homestead or at all if an estate includes real estate other than the homestead. All the possible heirs and beneficiaries have to be contacted, agree to the use of the affidavit and provide notarized signatures.

Cost Of The Small Estate Affidavit Procedure The clerk's filing fee for this procedure is usually about $475 in Texas. That is generally the only court expense.

Texas allows the heir of a person who has died without a will to avoid probate by using a summary administration process with a small estate affidavit. A small estate affidavit can allow an heir to claim bank accounts and other estate assets much faster and at far less cost than through a probate.

At least 30 days have passed since the date of death; No person has filed an application seeking appointment as personal representative of the estate; The value of the probate estate is $75,000 or less, excluding the value of the homestead and other exempt property; and.