Small estate affidavit bexar county 2026

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  1. Click ‘Get Form’ to open the Small Estate Affidavit in our editor.
  2. Begin by filling in the decedent's name and date of death in Section A. Ensure you have a copy of the death certificate ready for submission.
  3. In Section B, confirm that more than 30 days have passed since the decedent's death. This is crucial for eligibility.
  4. Complete Section C by indicating the county of residence at the time of death. If it’s not Bexar County, provide supporting facts for venue.
  5. Proceed to Sections D and E, confirming that there was no will and no pending administration on the estate.
  6. In Section F, list all assets excluding homestead and exempt property, ensuring their total value does not exceed $50,000.
  7. Detail any liabilities in Section J, including debts owed by the decedent. If none exist, simply write 'none'.
  8. Complete family history sections (Family History #1 to #6) accurately to establish rightful heirs.
  9. Finally, gather signatures from all distributees and two disinterested witnesses as required at the end of the form.

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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 Small Estate Form allows the Executor(s)/Next of Kin to legally transfer shares from a person who has passed away into their name(s) and provides information in regards to how the shares can be sold.
Each county has its own specific form for the small estate affidavit, so obtain the form from the website or office of the probate court in the county in which your loved one was a resident. Although each form is slightly different, they all require the following information: Name and address of decedent. Date of death.
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.
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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Summary administration is used if the value of the estate is $75,000 or less, or the decedent has been dead for more than 2 years. Summary administration is generally a more streamlined and less expensive procedure than formal administration. It can be conducted without an attorney.
Luckily, many banks and financial institutions will accept a small estate affidavit. If there is a will, a muniment of title may also provide a solution. It is up to you or your probate attorney to help convince the bank to accept one of these options if they initially say no to the request.

small estate affidavit bexar county texas