Claiming Property With a Simple (Small Estate) Affidavit Texas has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset.

In Texas, however, a small estate affidavit is offered only where there is no will (also referred to as dying intestate) and for estates with a value of $75,000 or less. With some simple paperwork, your loved one's estate can be distributed without a costly court proceeding.

Non-Probate Assets Property owned by “joint tenants with rights of survivorship”; “Pay on Death” (POD) or “Transfer on Death” (TOD) accounts; Life insurance policies; Retirements accounts; Trust assets; and. Life estate or TOD real property.

The judge must approve the Small Estate Affidavit for it to be valid. Once the form is approved, you can use it to request distributions of assets that were owned by the deceased and are being held by companies or people. As stated above, the Texas small estate affidavit applies only where there was no will in place.

You cannot ask the Court to probate an estate using a Small Estate Affidavit if: the decedent died with a will; the decedent's total assets were more than $75,000 (not including homestead and exempt property);

For estates greater than $75,000, the probate process goes into action to ensure that the will of the deceased is executed as it was meant to be. The court appoints the executor who was named in the will to manage the estate.

In Texas, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Step 1 – Gather Information. The law requires you to wait thirty (30) days before you file a small estate affidavit. ... Step 2 – Prepare Affidavit. ... Step 3 – Identify Witnesses. ... Step 4 – Get Forms Notarized. ... Step 5 – File with Probate Court. ... Step 6 – Distribute Affidavit.

Texas has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.