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Texas Small Estate Affidavit: Simplifying Probate for Families

Texas Small Estate Affidavit: Simplifying Probate for Families

Texas Small Estate Affidavit: Simplifying Probate for Families

After a loved one passes away, the idea of navigating the full probate process can feel overwhelming.
Fortunately, Texas law offers a faster, easier option for certain smaller estates: the Small Estate Affidavit.

At Villegas Law Firm, we help El Paso families use this simplified tool when eligible — saving time, money, and stress.


What Is a Small Estate Affidavit in Texas?

A Small Estate Affidavit is a legal shortcut that allows heirs to claim property without formal probate proceedings.
It’s designed for straightforward situations where:

  • The estate is relatively small
  • The deceased did not leave a valid will
  • Heirs are clearly identified

Eligibility Requirements for a Small Estate Affidavit

You may qualify to use a Small Estate Affidavit if:

  • The total value of the estate (excluding homestead and exempt property) is $75,000 or less
  • There are no unpaid debts, except for a mortgage
  • No formal administration of the estate is pending or necessary
  • All heirs agree to use the affidavit process
  • The deceased died without a will (intestate)

Important:
Even if there was a will, sometimes it may still be possible to use a different simplified process, such as Muniment of Title.
Consult our probate attorney to explore all options!


What Does the Small Estate Affidavit Process Involve?

Here’s a general outline:

  • Prepare the Affidavit: List all assets, debts, heirs, and property to be transferred.
  • File with the Probate Court: Submit the affidavit along with supporting documents like the death certificate.
  • Court Approval: If approved, the affidavit acts as your legal authority to collect and distribute assets.

Typically, no formal executor is appointed, and court involvement is minimal.


Advantages of Using a Small Estate Affidavit

  • Speed: The process is much faster than formal probate.
  • Lower Cost: You save money on court fees, administration, and legal costs.
  • Simplicity: Fewer steps and filings make it easier on grieving families.

However, it’s crucial to prepare the affidavit correctly — any errors could cause delays or even rejection by the court.


How Villegas Law Firm Can Help

Attorney Jorge Villegas, an experienced probate attorney in El Paso, ensures:

  • All eligibility criteria are correctly evaluated
  • The affidavit is accurately prepared and filed
  • Any complications are resolved quickly
  • Your family receives the assets they are entitled to

We handle the technicalities so you can focus on healing. For guidance through the full probate process, work with an experienced El Paso probate lawyer at Villegas Law Firm.

📞 Call (915) 412-6800
🌐 Schedule your free consultation today

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