An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, a Non-Probate Affidavit for Collection of Personal Property of Decedent , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
An Affidavit for Collection of Personal Property in Texas is a legal document used to facilitate the distribution of a deceased individual's personal belongings among their beneficiaries or rightful heirs. Also known as an Affidavit of Warship, this affidavit is filed with the probate court in Texas when the deceased person didn't leave a will (intestate). The Affidavit for Collection of Personal Property outlines important information about the decedent and the distribution of their assets. It requires the affine (the person completing the affidavit) to provide details such as the decedent's full name, date of death, and a list of their personal property. Keywords: Affidavit for Collection of Personal Property Texas, Affidavit of Warship, probate court, deceased individual, beneficiaries, rightful heirs, will, intestate, assets. There are different types of Affidavits for Collection of Personal Property that can be used in Texas: 1. Affidavit for Collection of Personal Property Small Estate: This type of affidavit is used when the deceased's estate value is below a certain threshold (typically $75,000 in Texas). It allows for a simplified and expedited process for distributing the personal property without going through a full probate administration. 2. Affidavit for Collection of Personal Property without Administration: This affidavit is applicable when the estate solely comprises personal property, and its total value doesn't exceed the cost of the decedent's funeral and certain other allowed expenses. This affidavit avoids the need for formal administration and is more straightforward and less time-consuming. 3. Affidavit for Collection of Personal Property for a Motor Vehicle: In Texas, a separate affidavit is required specifically for the transfer of a motor vehicle titled solely in the decedent's name. This affidavit ensures that the vehicle can be lawfully transferred to the intended recipient. 4. Affidavit for Collection of Personal Property with Independent Administration: If the decedent had a valid will that named an independent executor (also called an independent administrator) to handle the estate, this affidavit is used for the collection and distribution of personal property. The independent administration allows the executor to administer the estate with minimal court supervision. These various types of affidavits cater to different scenarios and estate values, providing flexibility and ease in settling a decedent's personal property in Texas.
