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Texas Small Estate Affidavit Form

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The Texas small estate affidavit is for use when a decedent (the person who died) left $50,000 or less in property and died without a will. It provides a more streamlined method of taking care of a decedent’s estate when there are few assets and no will. In order to use this form, you have to be a person entitled to the decedent’s property. In addition, 30 days must have passed since the decedent died and there cannot be any other probate proceeding pending on behalf of decedent’s estate. The form must be approved by the in the county in which decedent resided at time of death before it can be used to collect the decedent’s property.

Laws – 

Maximum – $50,000

For Harris County ONLY – Use this form for filing with the .

How to Write

Step 1 Write in the name of the decedent at the top.

Step 2 – Write in the name of the county in which decedent resided at the time of death.

Step 3 – In section two, write in the name of the decedent, the date of death of decedent, the town, county and state in which decedent died.

Step 4 – In section 3, write in the name of the county in which decedent lived.

Step 5 – In section 4, write in decedent’s surviving spouse, if any.

Step 6 – In Section 5, choose the correct statement related to decedent’s children.

Step 7 – In Section 9, write in the names, addresses, relationship to decedent and share of decedent’s property of each person entitled to decedent’s property.

Step 8 – In Section 10, write in the assets and liabilities of decedent.

Step 9 – Each distributee must sign and date in front of a notary public.

Step 10 – The form must then be filed in the  in the county in which decedent resided at time of death.



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