A small estate affidavit procedure may be used if there is no will and certain criteria are met. This is the most cost-effective legal action to administer an estate if there is no will. This is a simple lawsuit where a formal affidavit is filed with the court. The affidavit describes the deceased`s family history, property and other facts that would determine who the legal heirs are. You may need to create and file an affidavit if a family member died without a will and you believe you have the right to inherit the property left behind. Under Texas law, a small real estate affidavit must include the following information. Each element below corresponds to a section of the form (link here). A small real estate affidavit must include the following information: Florida offers two expedited procedures for processing small estates. Find out what restrictions apply and how you can use the one that applies to your situation. Fortunately, there is an easier way. In Texas, heirs can use a procedure known as an affidavit of Chapter 205 of the Texas Estates Code if all of the following information is true: The law requires that you wait thirty (30) days before filing a small affidavit. You can use this time to gather all the information you need.
Determine if the deceased person had a will; If so, you cannot use a small affidavit. Calculate the value of all assets (excluding family property and exempt property) and debts. If the amount of debt is greater than the assets, you cannot use the small estate return. A list of tax-exempt properties can be found at § 353.051. List each asset in enough detail to identify exactly what it is. You must file the affidavit of the small estate in the correct county. Generally, you can file the affidavit in the county where the deceased lived (had a residence or permanent residence) at the time of death. It is not necessary to hire a lawyer to make a small affidavit. In fact, many probate courts make forms available to the public on their websites. For example, Harris County offers a very good little affidavit of probate (pdf) as well as detailed instructions on how to complete it. Note: Ask the court where you will file the affidavit if there are any local rules or procedures you need to know that apply to you. For example, some courts require you to use their own forms.
Other courts have additional forms required by local regulations. Talk to a lawyer who practices in the county where you plan to file the affidavit. Other options? If the deceased died without a valid will, but the estate cannot be verified with an affidavit for a small estate, you may want to consider asking the court for an inheritance decision. Often, people whose loved one dies without a will do not take steps to transfer assets because they feel the property is not large enough to be handled. This leaves problems that need to be addressed years later, when it is much more difficult to find the people needed to make the transfer legally. ● All legal distributors of goods However, this procedure can only be used if the value of the estate, with the exception of one property, is less than $75,000. As defined in the legislation, the property must be occupied by an eligible person, such as a surviving spouse or dependent child. Thirty days must have elapsed since the date of death. To file an affidavit of a small estate, you must be a party who would inherit under the Intestate Succession Act, such as a spouse or child or, if the deceased was not married and had no children, another close relative.
If the sole heir is a minor, his or her guardian or close relatives may file the affidavit on their behalf. The Texas Small Estate affidavit can be used to expedite the probate process if an estate is worth $75,000 or less and does not have a will. A legal successor can use the form to claim assets without going through complicated legal proceedings. However, the form must be approved by the probate court of the district where the testator resided at the time of death before it can be used to recover property. The affidavit must be signed by two disinterested witnesses or two persons who have no private interest in the estate and are not related to the deceased under state parentage laws.