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Can I Probate a Case Using a Small Estate Affidavit?

Texas Personal Injury and Estate Planning Attorney Marc Mayfield | www.mayfieldlawoffice.com
Texas Personal Injury and Estate Planning Attorney Marc Mayfield | www.mayfieldlawoffice.com

In Texas, using a Small Estate Affidavit to probate a case can be a simpler way to transfer the assets of a loved one after they have passed.

There are a few requirements necessary to be able to use this method. The assets must be more than any debts owed, and the assets must not be more than $75,000. This does exclude any homestead. A homestead should not be included in the debts owed, nor the assets. Homesteads are considered exempt by Texas law.

A few other requirements to probate using a Small Estate Affidavit

  • No administration is needed
  • There are no conflicts of interest or challenges of family members
  • All heirs have been located and are willing to sign the small estate affidavit
  • The homestead is the only real property owned by the decedent

Handling the estate of a loved one is never an easy task. If you have any questions regarding Probate or Small Estate Affidavits, don’t hesitate to contact us for a free consultation. We are here to help. For any additional information regarding Texas Probate Laws, click here.


Texas Personal Injury and Estate Planning Attorney Marc Mayfield | www.mayfieldlawoffice.com

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Published by Marc Mayfield

Marc Mayfield is board-certified in personal injury trial law by the Texas Board of Legal Specialization.