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.
You can use the small estate affidavit to transfer real property to a surviving spouse and surviving minor children. If you only need to transfer real property to a surviving spouse, you can use an affidavit of heirship. An affidavit of heirship cannot be used to transfer other assets like cars or bank accounts.
A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
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.
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)
At the initial court hearing, the probate judge reviews the will to validate it. The judge then officially appoints the executor named in the will to oversee administering the estate.
After you have filed the original will, request a hearing date by emailing probateone.hearings@traviscountytx. To schedule a jury trial, email probateone.hearings@traviscountytx or call the Probate Court No. 1 Coordinator at (512) 854-9258.
To contact the Travis County District Clerk's office helpline via phone call 512-854-9457 or email us at districtclerkhelp@traviscountytx. To request official or certified copies, visit the Records Request Form.
Either party may set a hearing and notify the other party. To set a hearing, contact the Court Operations Officer at (512) 854-9241. It is recommended that you consult an attorney or have an attorney represent you.
You can E-File using this link: eFileTexas | Official E-Filing System for Texas, mail to Travis County District Clerk, PO Box 679003, Austin, TX 78767 or hand deliver documents to us by appointment only. Call (512) 854-9457 or send an email to District.eFile@traviscountytx for any questions.