What Is A Small Estate Affidavit?

When an individual dies without a will, referred to as dying intestate, it may be possible to avoid an heirship proceeding and estate administration by utilizing an alternate probate procedure known as a small estate affidavit. The laws of Texas establish who an individual's heirs are, most commonly a spouse, children, parents and siblings, and a small estate affidavit will allow the deceased individual's property to be distributed to his/her heirs.

Requirements For A Small Estate Affidavit Are:

  • Estate assets are valued at $50,000 or less, excluding homestead real property
  • Estate liabilities do not exceed the value of the estate assets
  • All heirs are required to sign the small estate affidavit
  • Two disinterested witnesses are required to sign the small estate affidavit

A small estate affidavit is available when (1) an intestate individual's estate is valued at less than $50,000, excluding the value of a homestead property, and (2) the debt owed is less than the overall value of the intestate estate. In addition to meeting the asset and debt requirements, a small estate affidavit must be signed by all of the deceased individual's heirs and two disinterested witnesses. A disinterested witness cannot be a beneficiary of the deceased individual's estate.

Compassionate Probate Counsel When A Person Dies Without A Will

Contact The Springer Law Firm today and make an appointment with one of our experienced Katy small estate affidavit attorneys who can assist you in determining if your loved one's estate qualifies for a small estate affidavit.

To arrange your initial consultation, please contact our law firm online or by telephone at 281-616-7540.