Small amount affidavit sample form 2025

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The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.
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.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once youve sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.
While it is possible to file the affidavit without legal assistance, it may be beneficial to consult an attorney if the estate involves complex assets or disputes.
Complete the affidavit: Fill out the form with the decedents information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
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People also ask

If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.
No. You are not required to hire a lawyer to file a Small Estate Affidavit in Texas. Many probate courts offer downloadable forms and clear instructions for filing.
The inheritors of the property initiate the process by creating a small estate affidavit. Usually, there is a short waiting periodcommonly, 30 or 45 days after the deathbefore anyone is allowed to collect the property. Still, the timeline for a small estate affidavit is much shorter than for full probate.

sample of an affidavit