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The small estate affidavit must show that the deceaseds estate is worth $75,000 or less, the estates assets cover any outstanding debts, and a few other requirements.
Exempt property includes: The homestead for the use and benefit of a surviving spouse and minor children. Up to $100,000 ($50,000 for a single adult) worth of property intended for the use and benefit of a spouse, minor children, unmarried adult children still living at home, and incapacitated adult children.
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.
Probating a will can be both expensive and time-consuming. Because of this, Illinois law allows estates that are valued at $100,000 or less to be transferred to heirs through what is called a small estate affidavit process.
The legal effect of the affidavit of heirship is that it creates a clean chain of title transfer to the decedents heirs. Usually, a title company will accept the affidavit to show the chain of title for purposes of selling the real property, but the heirs should check with their title company to be sure.
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You may be personally liable for any losses incurred by creditors or heirs if the information in your affidavit is incorrect. You may be accused of fraud if you knowingly misrepresent any information in the affidavit. You may be required to go through probate if your affidavit is not accepted by the court.
The judge must approve the small estate affidavit for it to be valid. Once the form is approved, you can use it to request distributions of assets that were owned by the deceased and are being held by companies or people. As stated above, the Texas small estate affidavit applies only where there was no will in place.
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.

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