An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. Where an estate is valued at less than $100,000, an interested party, as successor to the decedent, may, issue a small estate affidavit to collect or claim entitlement to the deceased property.
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Interesting Questions
If disputes arise, it could lead to complications, and getting legal advice would be a good idea to help navigate those choppy waters.
Yes, you can still file one, but if the will provides otherwise, it might complicate things a bit, so it's wise to check the specifics.
While it’s not required, having a lawyer can make the process easier and ensure everything is done correctly to avoid hiccups.
Once you file the affidavit, it can generally take a few weeks for the court to approve it, so patience is key during this time.
To qualify, the total value of the estate must be under a certain amount set by Texas law, and there should be no pending debts or contests that complicate matters.
Generally, immediate family members like spouses, children, or parents can use a Small Estate Affidavit to streamline the transfer of the deceased person's property and belongings.
A Small Estate Affidavit is a legal document that helps settle the estate of someone who has passed away without a lot of assets, making the process smoother and simpler for those left behind.