Texas Small Estate Affidavit | Affidavit of Heirship

In Texas, if a loved one dies without a last will and testament, grieving families or other heirs may avoid probate court by filing an affidavit of heirship, an affidavit of heirship specifically for motor vehicles, or a small estate affidavit. These documents allow “small estates” – defined as property valuing $50,000 or less – to avoid probate court and be divided by successors as they see fit. The interested party or parties must wait at least 30 days after the decedent passes before filing these affidavits. Interested parties can include creditors with evidence of the debts owed by the decedent.

Affidavit of Heirship of Motor Vehicle: Successors may claim a decedent’s motor vehicles using this affidavit, so long as the court decides that the estate is uncomplicated enough that there need be no administrator, or there is no will.

Affidavit of Heirship: As long as the value of the estate does not exceed $50,000 in Texas, successors may file the affidavit of heirship to claim personal, financial, and tangible property, not including motor vehicles and real estate.

Small Estate Affidavit: In Texas, sometimes creditors with evidence of a decedent’s debts may file a small estate affidavit to claim a decedent’s property to pay off their debts.



Adobe PDF | Microsoft Word (.doc)

Texas allows successors to file an affidavit of heirship for motor vehicles if a loved one passes either without a will, or a will that the probate court decides does no need a legal administrator. To claim the titles of motor vehicles owned by a loved one who passed away,…

Adobe PDF | Microsoft Word (.doc)

Texas defines “small estates” as those valuing $50,000 or less. To claim bank accounts, trusts, heirlooms, and other personal property not including motor vehicles owned by a decedent, interested parties may file the affidavit of heirship to avoid probate court. If there is no will, or the court determines the…

Adobe PDF | Microsoft Word (.doc).

In Texas, the loved ones of a deceased family member, other heirs, or creditors with evidence of the decedent’s debts, may file a small estate affidavit to take possession of the real estate of a deceased person. If there is no will and the family wishes to avoid probate court,…