Once the affidavit is completed and notarized, it must be filed with the county clerk's office in Tarrant County.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
Going through the probate process in Texas courts can be costly when someone dies. A small estate affidavit can avoid a lot of the probate costs for the survivor handling the deceased person's estate.
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.
Texas Probate Timeline If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
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)
A few examples of assets that are exempt from the probate requirement include: A home (when it is being transferred to the deceased's surviving spouse or children); Clothing; A certain amount of jewelry; One vehicle; Farming equipment; Two firearms; Books; and. Tools.
If the judge declares the will valid, it will be admitted to probate. If an executor or administrator is appointed at the same hearing, they can now begin the administration process.
Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.