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How To File A Small Estate Affidavit In Texas

Small estate affidavit

If you have been in the state of Texas then chances are you know or even have heard about a small estate affidavit. However, so little information provided on this issue means that people continue to look around for better answers on what a small estate affidavit is and other details about the same as well.  

As such, it has become so essential to try and offer as much information on what is a small estate affidavit is and other details about the same. If you are one of the people who have been asking what a small estate affidavit is then this text is all you need to read or be reading.  

From the text, you will find all the essentials you need in this regard. From what a small estate affidavit and other things about the same. If you have even been asking where do I get a small estate affidavit then you will also have information about the same in this text as well.  

What Is A Small Estate Affidavit? 

There are so many details to a small estate affidavit which people need to know which start from the affidavit definition to others. However, amid all those details the best place to start from with this discussion is by looking at what a small estate affidavit is first of all. From here, other details will follow that up especially on how to file a small estate affidavit of this is what you need to do at some point.  

 A small estate affidavit is a procedure that is available to the Texas descendants who have small estates. This procedure is aimed at exempting people from undertaking the expensive legal procedures which ensue as people take on the process of taking on the administration of an estate.  

 As you might know already when someone dies and leaves behind an estate conflicts always come up regarding the management of the estate.  In cases where many people are involved like children and many others then cases are likely to be even worse at the end of the day. 

Instead of having to go through a court process which might take, the state of Texas provides for a small estate affidavit. This affidavit allows people to handle any estate administrative issues without having to go through the court process as many people do.  

Who Is Eligible To File An Estate Affidavit In Texas 

Having looked at exactly what a small estate affidavit is in the text it is now time to look at who is eligible for filing this kind of affidavit.  This is also another one of the areas which this text takes a look at as well.  From the information provided here, you are going to find the people who are eligible to file a small estate affidavit in Texas.  

For you to be able to file an estate affidavit in Texas where there is no will stipulation then you need to be a person who can inherit under the Texas intestacy law.  These people could be the children of the deceased, a spouse, or any other person for that matter.  

The Process Of Filling For An Estate Affidavit In Texas 

One thing you need to know is that there are many estates in the United States of America that allow for a small estate affidavit.  However, the process of filling for this kind of affidavit varies from one state to the other which is what you need to understand.  For instance, the applicable procedure in the state of Texas is different from that of the same in the state of Florida.  

For the people in the state of Texas, you need to first of all start by obtaining the affidavit form from the website.  Each form might be a bit different they will require some information which includes the following: 

  • The name and the address of the descent 
  • The exact date of the death 
  • The description of the debts 
  • The names and the addresses of the distributes 
  • The Signatures of the distributees 

Once the above information has been provided, the affidavit has to be signed by a number of people for it to remain valid. These people are Each distributee who is under the Texas intestacy law and who is of legal capacity as well. If not that then the guardian or even the next of kin of any of the distributees who is a minor or who is legally incapacitated as well.  

On top of the small estate affidavit form in Texas, you also need to file an heirship affidavit as well. This other kind of affidavit is also a state form or document as well. This form must also be completed by a third party who has no interest in the estate and is less likely to inherit anything from it in the end. This form has to also include the following: 

  • The names of the witnesses as well as their addresses 
  • The decedent’s death date 
  • The descendant’s marital history  
  • The relationship to the decedent 
  • The family history of the decedent 

It is also worth noting that for this document to stand then it has to be signed in the presence of a notary. Once you are done with filling out the information above you need to move ahead and file the document with the clerk of the court of Texas. There are some courts that might require you to provide a copy of the death certificate. However, this does not happen in all places which is a good thing to take note of as well.  


If you are one of the people who have been asking what is a small estate affidavit in Texas then you need to consider reading the text above. From the text, you will find all the information you need in this regard and other things about the same as well. 

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Sofia Kelly is a passionate blogger. She loves to share her thoughts, ideas and experiences with the world through blogging.

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