Small Estate Affidavit Lawyer

gavel texas small estate affidavit






Small Estate Affidavit Attorney in Houston


What is a Small Estate Affidavit form in Texas?


Often, people die without a Will and own very little in terms of assets. They might have lived a modest life, owned a humble abode, and had a small bank account. And, because the probate process can sometimes be lengthy and costly in the previous case, a full probate in court would seem like overkill in both effort and cost.

In Texas, a small estate affidavit is offered by a Texas probate attorney when a decedent dies without a Will (also referred to as dying intestate), and the value of his estate property is worth less than $75,000 (not counting the value of the house). As the term “small estate” implies, it is ideal for smaller estates with low assets. In this case, your estate attorney in Houston will likely recommend this alternative to avoid a full probate.  The catch is thought that the Decedent must have died without a Will.

A small estate affidavit form is a legal document in which the property owned by the deceased person is transferred to the rightful heirs — more specifically known as Distributees. It means to transfer the ownership of which the decedent owned. The affidavit form is signed by the Distributees and itemizes the estate property to be transferred, along with significant information regarding family structure. To learn more about your options, contact our law firm via our Houston probate lawyer regarding your legal issues and estate transfer. In the Small Estate Affidavit form, the affidavit form includes:

  • The signatures of the two disinterested witnesses
  • The signatures of all Distributees/Heirs
  • Relationship to the person who died
  • Date of death of the deceased person
  • The deceased person’s marital history
  • Decedent’s family history (children, grandchildren, parents, siblings, nieces/nephews)

Does a Small Estate Affidavit cost anything to file (tune in)?

Yes. There is a fee when filing a Small Estate Affidavit. The charges differ by county. Our law firm will determine the fee from the clerk’s office in the county where the deceased person resided, and take care of payment for you in connection with our services.

How do I get a small estate affidavit in Texas?

The heirs (a/k/a Distributees) must sign the estate affidavit form in the presence of a notary. Once you complete the Small Estate Affidavit, our office will file them with the clerk’s office. At that point, the Small Estate Affidavit form will be reviewed and then signed by the Judge of the probate court. Once the judge approves the Small Estate Affidavit legal forms, it’s now valid. Our office will then order a certified copy of the Small Estate Affidavit form, along with the accompanying signed order by the Judge.

At the Law Office of Troy M. Moore, PLLC, our probate attorney in Cypress, Tomball, and Northwest Houston has over 20 years of experience guiding clients through the probate process. We understand the emotional and financial stress the family members feel in losing a loved one. It is our utmost goal to solve your legal issues throughout the process in the most efficient, cost-effective manner possible. We give you the sense of relief you genuinely deserve.

Hire an Experienced Estate Attorney in Houston Texas Now!

Do you need help regarding small estate affidavits and other probate legal issues “near me” in the Cypress, Tomball, and Houston-metro area or the surrounding communities? Reach out to the Law Office of Troy M. Moore, PLLC in the Northwest Houston, Cypress, and Tomball, Texas area. Sit down with our highly motivated attorney and get a piece of free legal advice regarding your legal issues! Visit our office at 8:30 a.m. to 5:00 p.m. We also provide a free consultation to all prospective probate clients. Ensure your property and loved ones are safely protected. Let us help you with every step of the way!


How much does a Small Estate Affidavit cost?

Typically, a small estate affidavit costs about half of a regular probate in Houston, Texas. The fee depends on how many assets there are, how many beneficiaries exist, and some other factors. Typically, you can expect a probate attorney in Northwest Houston, Cypress, Tomball, Magnolia, and Spring, Texas to charge somewhere in the range of $1,650-2,300.

How do I get a Small Estate Affidavit?

There is a form online supplied by the Harris County Clerk. Despite that, people not familiar with probate law like a practicing law firm do not know how to fill it out correctly in order to bring about the proper result of asset transfer.

What is the purpose of a Small Estate Affidavit?

A small estate affidavit is used as an affidavit to transfer ownership. This small estate affidavit is notarized and then signed off on by a judge, and it affects persons’ property, including estate property.

When can I use a Small Estate Affidavit?

You can use a small estate affidavit if the decedent owned only one piece of real property (e.g. the homestead residence), and, aside from that house, had less than $75,000 in assets.

Will a Small Estate Affidavit transfer ownership of real estate?

If the beneficiary of the residence in the small estate affidavit is the surviving spouse, or a minor living in the home, then a small estate affidavit can effectively transfer ownership of the real estate to the beneficiary, and thereby fix the break in the chain of title that occurs when someone passes away who owns real estate.

How long does a small estate affidavit take?

You local probate attorney in Northwest Houston, Cypress, and Tomball Texas can generally meet with you, gather the information, and in most cases, get you a draft of the small estate affidavit in about a week. Then, once all signatures are collected, it is ready for filing for the probate process. The completed Texas small estate affidavit form will then be examined by a judge to make sure that the affidavit will transfer ownership; upon examination, it will be signed by the Judge if everything is done correctly.

Do I need a Texas probate lawyer to draft my Small Estate Affidavit?

No, but if you want to make sure that you don’t have problems with the affidavit form, it is best to hire an experienced local probate attorney in Northwest Houston, Cypress, and Tomball, TX to accomplish all your objectives. The probate clerk of the court cannot give you legal advice and will not give you legal advice. Get it done right the first time and hire an experienced probate attorney that knows the legal issues affecting persons’ property that is owned by them.