Black out font in the Small Estate Affidavit

Aug 6th, 2022
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In Texas, the small estate affidavit must be filed with the court and the court must approve the affidavit. After the court has approved the affidavit, it can be presented to a bank, organization or person, which then has to release the assets to the person with the affidavit.
The document needs to state the following: The name of the person who died. The date and location of the death. That 40 days have passed since the death. That probate has not been initiated. That the estate value does not exceed $166,250. A description of assets to transfer. Names of other successors.
The form must include: The witnesses names and addresses. Relationships to the decedent. Decedents date of death. Decedents marital history. Decedents family history (children, grandchildren, parents, siblings, nieces/nephews)
It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the publics use.
Small estate affidavit process in Texas Name and address of decedent. Date of death. Description of assets. Description of debts. Names and addresses of distributes. Signatures of distributees.
If the decedent was single, personal property worth up to $50,000 is considered exempt property. Pension benefits, retirement assets and insurance benefits are also exempt.
Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $475 in Texas. That is generally the only court expense. *(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)
The Affidavit must confirm the following: The estate does not include real property; The estate value, less liens and encumbrances, does not exceed the annual cost-of-living adjustment; 28 days have passed since the decedents death;

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