This article answers frequently asked questions about using a small estate affidavit to transfer probate property to heirs in Texas. I am the surviving spouse of the decedent and 30 days has not passed since the date of death.Heirs may fill out individual Affidavits of Heirship and must have each affidavit notarized. This guide tells you how to use a Small Estate Affidavit to probate an estate in Texas. Please complete the checklist below and include with the Affidavit of Succession. A guardian must sign for any surviving minor children of the decedent and attach Letters of Guardianship. Instructions. 1. Marital Status Affidavit-Applicant, dated 5 December 2014. You may list alternate beneficiaries, who would get the property if your spouse is deceased at the time of your death, but it is not required. Bexar County Probate Court No. 3. Names, birth dates, death dates, and relationships to explain how each survivor is related to. Decedent.