Small Estate Affidavit Attorneys in Dallas and Plano, TX

Small Estate Affidavit

When are Small Estate Affidavits Appropriate in Texas?

In Texas, a Small Estate Affidavit (SEA) can be a useful tool for simplifying the transfer of assets when a person passes away without a Will, provided certain requirements are met.

Small Estate Affidavit Requirements
The following requirements must be met to proceed with an SEA:
The decedent died without a will.
The decedent left no more than $75,000 in property (not including homestead property, exempt property, and other non-probate property).
The assets are worth more than the debts. (A homestead, exempt property, and other non-probate property do not count as assets, and mortgages or debts secured by exempt property do not count as debts for the SEA calculation.).
The only real property owned by the decedent was the decedent’s homestead property.
The homestead property will be inherited only by the decedent’s surviving spouse or minor child(ren) who were homesteading with the decedent at the time decedent died.
All heirs will sign the SEA (or someone with legal authority will sign on their behalf).
There is no pending application for the appointment of a personal representative, and no court has appointed a personal representative.
There is no administration needed.

What Should Be Included in a Small Estate Affidavit?

An SEA must include the following information:

Information on the decedent, such as name, date of death, and county of death.
Information on the decedent’s assets.
A legal description of their homestead, if any.
A listing of all liabilities.
The name, address and phone number of all recipients of decedent’s assets.

How to File a Small Estate Affidavit

SEAs must be filed in the court that has jurisdiction and venue over the estate.
In Texas, this is usually the county where the decedent had a fixed place of residence and lived in at the time of death.

Sharpe Law Group's probate attorneys in Dallas and Plano can help with small estate affidavits.

We can assist and provide expert guidance needed to smoothly navigate the small estate affidavit and probate process. Our extensive experience backs our unwavering support and guidance in any and all probate and estate-related matters.

Call us at (214) 742-6065 to schedule an initial meeting in our Dallas or Plano office with one of our experienced probate attorneys today.