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.
The Texas affidavit of heirship form must be filled out and filed on behalf of a decedent's heir and can not be completed by the heir. Instead, two disinterested parties who know the necessary details about a decedent's family life need to fill out the form.
If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.
How is an executor appointed? The person who wants to serve as an executor (or an administrator) must apply with the court for letters testamentary (or letters of administration). Even if the will nominates an executor, they must still apply and go through the approval process.
In Texas, probate is required if an estate's total value exceeds $75,000, excluding non-probate assets like life insurance payouts and retirement accounts with designated beneficiaries. Estates under this threshold may qualify for simplified procedures such as small estate affidavits or a muniment of title.
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.