What is a small estate affidavit?
The small estate affidavit can be used in limited situation to obtain small assets of an estate. The cost of obtaining a small estate affidavit is often much less than a full suit to determine heirs.
When to file an affidavit of Probate in Texas?
Under Texas statute, where as estate is valued at less than $75,000, an interested party may, thirty (30) days after the death of the decedent, file an affidavit with the clerk of the court having jurisdiction and venue over the estate.
What are the laws for small estates in Texas?
Texas Small Estates Law Wills and Estates – Small Estates – Texas Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost.
When can an affidavit be used to collect debts in Texas?
After the affidavit has been approved by the court, the affidavit may be used to collect debts owed to the decedent. Texas requirements are set forth in the statutes below.
When is title to a homestead transferred under an affidavit?
Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER AFFIDAVIT. (a) If a decedent’s homestead is the only real property in the decedent’s estate, title to the homestead may be transferred under an affidavit that meets the requirements of this chapter.
When does a judge have to approve an affidavit in Texas?
EXAMINATION AND APPROVAL OF AFFIDAVIT. The judge shall examine an affidavit filed under Section 205.001. The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
How do I contact a probate attorney in Texas?
For more information on Texas probate matters, Texas Guardianships, Texas Estate Planning and Texas Trusts, follow the links on this website, submit an inquiry, email us at texasprobate@texaslawyers.com or call us toll free at 1-866-474-1477.
How long do I have to file an estate tax form?
No form should be completed or filed until thirty (30) days have elapsed since death. The value of the entire estate, not including homestead and exempt property, does not exceed $75,000. Section 6: Assets