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The small estate affidavit must show that the deceased's estate is worth $75,000 or less, the estate's assets cover any outstanding debts, and a few other requirements.
Because a Small Estate Affidavit form can only be used when someone dies without a will, the SEA form must list detailed information on who the heirs are and what share of the property they should get.
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.
Small estate affidavit process in Texas Name and address of decedent. Date of death. Description of assets. Description of debts. Names and addresses of distributes. Signatures of distributees.
People then fill out a form without reading the statute and or understanding Texas intestacy law. They pay a $232 filing fee and expect approval.
A small estate affidavit can avoid a lot of the probate costs for the survivor handling the deceased person's estate. The small estate affidavit must show that the deceased's estate is worth $75,000 or less, the estate's assets cover any outstanding debts, and a few other requirements.
How to File (6 steps) Step 1 ? Gather Information. Step 2 ? Prepare Affidavit. Step 3 ? Identify Witnesses. Step 4 ? Get Forms Notarized. Step 5 ? File with Probate Court. Step 6 ? Distribute Affidavit.
If the decedent was single, personal property worth up to $50,000 is considered exempt property. Pension benefits, retirement assets and insurance benefits are also exempt.