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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.
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.
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.
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.
Heirs can use a small estate affidavit to collect property directly from banks and other institutions. The court must first approve the application. If there is a homestead, the heirs will need to record a copy of the court-approved affidavit in the property records.
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The Texas affidavit of heirship form must be filled out and filed on behalf of a decedents heir and can not be completed by the heir. Instead, two disinterested parties who know the necessary details about a decedents family life need to fill out the form.
3. Heirs may fill out an SEA without the assistance of an attorney, but an attorneys advice may prevent wasted time and money if a small estate affidavit is not appropriate or may prevent having an SEA denied that could have been approved if prepared correctly.

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