Experienced Small Estate Affidavit Guidance in Austin, Texas

The probate process can be long, complicated, expensive and stressful. It’s certainly not what you want to be struggling through while you deal with the loss of a loved one. With the help of a knowledgeable attorney on your side, explaining your case and detailing your best options, you will be able to navigate your way through much more quickly and get back to what really matters.

Luckily, with some smaller estates, this process is accelerated even more with the help of a Small Estate Affidavit. In order to qualify for one, certain requirements must be met, including:

• Decedent did not have a will.
• The value of the estate must be no more than $75,000, excluding the homestead and other exempt property.
• The homestead property is the only one which can be transferred. If other properties exist, such as time shares, royalty interests, lots, or other homes, you will need to go through a more involved form of probate.
• 30 days must have passed since the date of death, and there must not have been any petition filed or granted for the estate during that time.
• The estate must be solvent, which means that the value of the estate needs to be greater than the amount of debt owed to creditors and debtors.

If all those requirements are met, then the estate may qualify for the Small Estate Affidavit procedure in lieu of another probate process.

Filing Small Estate Affidavits in Texas

In order to file the affidavit, you must have the signatures of 2 disinterested witnesses, meaning they knew the decedent, but do not stand to benefit financially from any specific outcome. They will be used for affirming heirship.

In addition, the affidavit must list in detail all liabilities and assets of the estate, as well as distributes and their relationship to the decedent.

It is worth mentioning that even if all requirements are met, courts do not have to grant Small Estate Affidavits. It is entirely within the judge’s discretion whether the affidavit will be signed or not. A probate attorney familiar with the local courts and judges can offer valuable insight in this regard.

Contact Me Directly to Schedule a Consultation

Your situation is unique and needs to be treated as such. You need an attorney who will break down your case, explain all of your options and offer advice for how to achieve the best possible outcome in the fastest, most inexpensive way possible.  At the Law Office of Kara Borchers Jones, PLLC, we give you the knowledge and guidance you need to make your own decisions regarding every aspect of the probate and estate planning process. Contact our firm by email at info@borchersjoneslaw.com or by calling 512.337.5030 to schedule a consultation and go over your needs and desires more in depth.