Texas Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
There is usually no fee for filing a General Affidavit. Call the district clerk's office in the county where the case is on file to confirm.
Cost Of The Small Estate Affidavit Procedure The clerk's filing fee for this procedure is usually about $475 in Texas. That is generally the only court expense.
It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the public's use.
Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75. You will likely also need to pay a notary public to witness the document signing.
Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedent's homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased person's real property cannot be transferred by submitting a small estate affidavit.
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.
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.
Cost Of The Small Estate Affidavit Procedure The clerk's filing fee for this procedure is usually about $475 in Texas. That is generally the only court expense. *(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)