Small Estate Affidavit in Houston
What is a Small Estate Affidavit 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 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. 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.
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 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 18 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 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 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!