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 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 the executor of an estate, legal representation is critical. Working with experienced estate attorneys will help you protect yourself and the estate's assets. Our skilled estate attorneys have years of experience working with executors and guiding them through the processes of administering an estate.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended — and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate 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)