Texas Small Estate Affidavit for Estates Worth Less than $50,000

If you have questions about your small estate's value and need to explore your options, reach out to Attorney Morris today by submitting a form online or calling (713) 636-5339 for Houston and (817) 442-2048 for Fort Worth.

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Texas Small Estate Affidavit for Estates Worth Less than $50,000

If a decedent dies without leaving any will and his estate is less than $50,000 in value, your Texas probate attorney will likely recommend filing a small estate affidavit.

Texas small estate laws were enacted in order to allow a decedent’s heirs to obtain the decedent’s property without the formalities of probate, or through a shorter probate proceeding.

Administration of a Texas small estate can be done with less expense and in a shorter period of time. A Texas small estate affidavit is ideal for a small estate when there is no will.

When Can a Texas Small Estate Affidavit be Filed?

A Texas small estate affidavit can be filed under the following conditions:

  1. The decedent has died without leaving a will.
  2. There is no petition for personal representatives, either pending or granted.
  3. A period of 30 days has passed since the death of the decedent.
  4. The value of the entire estate is not greater than $50,000. This does not include Homestead and exempt property. Exempt property is that property that cannot be seized to pay debts under Texas law.
  5. Two disinterested witnesses have filed a sworn affidavit affirming heirship.

A Texas small affidavit cannot be used when the decedent has left behind a valid will. It also cannot be used when the decedent owned non-homestead real property. A Texas small estate affidavit must include details like the assets and liabilities of the estate, the names of all the distributes, their relationship to the deceased and other relevant facts.

If you have reason to believe that an estate may qualify for a small estate affidavit, it is advisable to consult with an experienced Texas probate attorney to determine whether the estate is indeed eligible for this affidavit. Sometimes, an estate may seem to qualify for a small estate affidavit, but after calculation of gross assets, the estate might exceed the amount allowed by law. These additional assets may include life insurance annuities, community property with right of survivorship, and payable on death property.

A small estate affidavit can be an uncomplicated and easy way to transfer property, but it’s important to consult with a Texas probate lawyer to determine if the estate is eligible under these laws.

To discuss your Texas Small Estate issue or get more information about Texas probate, please call Keith Morris, Attorney at Law at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth.

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Case Results
  • Estate Administration & Division of Assets Dispute Resolved

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Multi-Million Dollar Trust Dispute Won Summary Judgment

    Won summary judgment for prominent South Texas family in multi-million-dollar trust dispute over real property.

  • Estate Administration Case Dispute Resolved

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Probate Case Successful Verdict

    Obtained verdict for daughter that reunited with her father after being estranged and offered will for probate but was contested by her sister.

  • Multi-Million Dollar Estate Case Six-Figure Settlement Reached

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

  • Evidentiary Hearing Hearing Won

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Guardianship Case Case Won

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Multi-Million Dollar International Estate Settlement Reached

    Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.

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