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.
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.
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)
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 everything goes smoothly at the hearing and the court approves your application, you'll receive your Letters Testamentary. This typically happens within 30 days of the hearing, although it can sometimes take longer.
Texas law sets out the necessary procedures for obtaining letters testamentary. First, an executor must file an application at the county court with jurisdiction over the decedent's estate. The executor will need the original will and a certified copy of the decedent's death certificate to file an application.