Small Estate Affidavit

It takes several steps to successfully file a small estate affidavit. Texas law makes the process somewhat complex, but our attorneys can guide you through it. When you work with us, we can guide you through these steps and can often complete them for you. Wondering how to file a small estate affidavit? Here’s a quick look at the steps involved.

Gather the Documents and Evidence You Need

If possible, locate a copy of the deceased’s death certificate and a copy of the deed to their home. If you can’t find these easily, we can help.

When you file a small estate affidavit, you also need to file an affidavit of heirship, a form with a detailed family history. Make sure you know the name, date of birth, and date of death (if applicable) of the deceased’s children and current and former spouses. The form must be completed by someone who will not benefit from the estate.

The affidavit will also require you to provide a detailed list of all the deceased’s outstanding debts and assets. Make sure you can verify the balances in any bank accounts the deceased owned (as well as the balance remaining on credit cards, loans, or other debts).

Complete the Form and Notarize It

Fill out the small estate affidavit form, making sure it’s complete and accurate. You will need to have the form signed in front of a notary public, and in most cases, two “disinterested witnesses” (people who don’t stand to gain anything from the estate) will have to sign as well.

Pay the Fee and File With the Court

You’ll need to pay a filing fee of a few hundred dollars to file the affidavit with the court. In Texas, counties charge their own filing fees, and they usually are between $200 and $400. You should file at the clerk’s office in the county where the deceased’s home is located. If the court approves, you can then distribute estate assets.

Requirements to File for a Small Estate Affidavit

Under Texas law, the only people who may file a small estate affidavit are the decedent’s heirs as defined under Texas intestacy law. Intestacy law is the law governing the handling of estates when someone dies without leaving a will.

Intestacy laws establish a hierarchy of who has claim over the decedent’s estate. Typically, the surviving spouse and children are first on the list.

Even though more distant relatives can usually inherit property, a small estate affidavit can only be used to transfer ownership of the deceased’s home to a surviving spouse and/or minor children who were living with the decedent at the time of death.

Cost of the Small Estate Affidavit Procedure

In Texas, small estate affidavits must be filed in the county where the deceased’s home is located. Different counties charge different filing fees, but they are generally a few hundred dollars ($200 to $400). Keep in mind that if you file an affidavit improperly and the court doesn’t approve it, the filing fee won’t be refunded.

Considering Filing a Small Estate Affidavit?

A small estate affidavit can make things easier when it comes to distributing the estate of a deceased loved one. However, as you’ve seen, the process of filling out the affidavit itself isn’t necessarily easy.

Even if you were very close to your loved one, you might not know the names and birth dates of former spouses. You might have trouble obtaining a copy of the deceased’s death certificate. And many people struggle with trying to locate all debts and assets.

At Hunter Sargent, we routinely help clients like you successfully fill out and file small estate affidavits. We understand that distributing your loved one’s estate can give you a sense of peace and closure, and we’re committed to helping you achieve that closure.

If you’re ready to file a small estate affidavit or just want to understand your options, we’re here for you. Call us or reach out online to book your appointment today.