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.