This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
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.
To qualify for a small estate affidavit in New York, the total value of the deceased person's estate must be $50,000 or less, excluding real property like land or buildings. If the decedent owned real estate, the small estate procedure isn't an option. Instead, a formal probate process may be required.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived.
In the context of a Texas Small Estate Affidavit, assets may include bank accounts, stocks, vehicles, personal property, and real estate other than the decedent's homestead. The value of such assets, as per Texas law, shouldn't exceed $75,000.
Hiring a lawyer to prepare a Small Estate Affidavit is not required, and many courts publish do-it-yourself SEA forms for use in a specific county. For example, you can find county-specific SEA forms on the following sites: Small Estate Affidavit (Bexar County) Small Estate Affidavit Forms (Collin County)
After court approval, the affidavit facilitates asset distribution without formal probate. Heirs can present the affidavit to financial institutions and other entities to release the deceased's assets.
Complete the affidavit: Fill out the form with the decedent's information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.