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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.
If your loved one did not leave a will and the estates assets are valued below $75,000, then by Texas law full probate isnt necessary. In these cases, the executor or beneficiaries just need a small estate affidavit in order to collect assets.
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.
Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedents homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased persons real property cannot be transferred by submitting a small estate affidavit.
Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75. You will likely also need to pay a notary public to witness the document signing.
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The SEA must be signed and sworn to by each heir before a notary. and can be determined by reviewing Chapter 201, Texas Estates Code. Filing fee is $263, but no additional fees are required to file amended SEAs.
The wait time after filing a small estate affidavit is typically 30 days. This is the time period required by the Estates Code for the affidavit to be approved by the court. Once the affidavit is approved, you will be able to obtain certified copies of the affidavit from the court clerk.

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