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Hear this out loud PauseUnder current Arizona law, small estates are defined as those in which the deceased owned less than $100,000 in real estate equity or less than $75,000 worth of personal property. For estates over this size, probate is typically required, and those estates will not be eligible for the small estate affidavit process.
A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.
If the deceased property owner had a Will stating who the property should be transferred to, the Will should be filed for Probate within 4 years of the date of death. The property may subsequently be transferred or sold by the Executor named in the Will ing to the wishes of the deceased owner.
Hear this out loud PauseReal estate or a debt secured by a lien on real property may be transferred to the successor or successors by affidavit if certain requirements are met. This affidavit must be filed in the county where the decedent was domiciled or, if not domiciled in this state, in the county where the property is located.
Hear this out loud PauseOnce signed and notarized, the affidavits must be filed with the probate court in the county where the property is physically located. A certified copy of the death certificate and a copy of the will, if any, must be attached to each affidavit, along with title documents for real estate and other large assets.
Hear this out loud PauseSpecific information is needed to determine the identity of the Heirs at Law of the Heir Property. 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.
The disinterested witnesses must be someone who knew the decedent and was familiar with the decedent's family history. The disinterested witness can be a friend of the decedent, a friend of the family, or a neighbor, but it cannot be an individual who will directly benefit from the estate financially.
The mailing address is: Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525.