An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
Make check out to Mary Louise Garcia, County Clerk • Mail to Probate Clerk, Tarrant County Courthouse, 100 W. Weatherford St., Rm. sign the small estate affidavit until the posted citation period is complete.
No. You are not required to hire a lawyer to file a Small Estate Affidavit in Texas. Many probate courts offer downloadable forms and clear instructions for filing. For example, Harris County provides a very good small estate affidavit form (pdf), as well as detailed instructions for filling it out.
The small estate affidavit must show that the deceased's estate is worth $75,000 or less, the estate's assets cover any outstanding debts, and a few other requirements.
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)
Small estate affidavit process in Texas. Each county has its own specific form for the small estate affidavit, so obtain the form from the website or office of the probate court in the county in which your loved one was a resident.
An Affidavit of Heirship is a legal document used in Texas to establish the heirs of a deceased person when there's no will. This affidavit helps transfer property ownership without probate court involvement. Typically, it's used to clarify rightful heirs for real estate and other assets.
In Texas, the small estate affidavit must be filed with the court and the court must approve the affidavit. After the court has approved the affidavit, it can be presented to a bank, organization or person, which then has to release the assets to the person with the affidavit.
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.
