Texas Small Affidavit Estate Form With Trustee
Description
How to fill out Texas Sworn Statement Supporting Claim Against Estate?
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FAQ
If there is a will, a small estate affidavit CANNOT be used whether the will has been offered for probate or not. 2 More than thirty (30) days must have passed since the date of death.
It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the public's use. For example, Harris County provides a very good small estate affidavit form (pdf), as well as detailed instructions for filling it out.
Even if the deceased had a Will, an Heirship Affidavit may be used rather than probating the Will if the Will leaves the property solely to the direct descendants of the deceased. Note: Using this affidavit may be a less expensive and quicker option for title transfer of real property compared to a probate proceeding.
Note: This Small Estate Affidavit needs to be signed by the two disinterested witnesses in front of a notary. The Court usually does not require a hearing on SEA applications, but in some circumstances the Court may require a hearing before a SEA will be approved.
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)