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Small estate affidavit texas 2026

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  1. Click ‘Get Form’ to open the Small Estate Affidavit in the editor.
  2. Begin by filling in the decedent's name and date of death in Section A. Ensure accuracy as this information is crucial for the affidavit.
  3. In Section B, confirm that more than 30 days have passed since the decedent's death. This is a requirement for filing.
  4. Complete Section C by indicating the county of residence at the time of death. If it differs from Montgomery County, provide supporting facts.
  5. Proceed to Sections D and E, confirming that there was no will and no pending administration of the estate.
  6. In Section F, state that the total value of assets does not exceed $50,000, excluding homestead and exempt property.
  7. List all assets in Section I with detailed descriptions and values. Specify if they are community or separate property.
  8. Document all liabilities in Section J, ensuring you include every debt owed by the decedent.
  9. Fill out family history sections (K to L) accurately to reflect heirs and their respective shares.
  10. Finally, gather signatures from all distributees and two disinterested witnesses as required at the end of the form.

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Related links

Texas Probate Passport A guide to

by NC Koehler 1986 The small estate affidavit is effective to transfer title to a homestead if the homestead is the only real property in the estate.

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Informal Methods - Probate Law - Texas State Law Library

Jul 10, 2026 Small estate affidavits can be used when: there is no will; no one has applied for administration; total assets consist of $75,000 or less

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