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How a small estate affidavit works

On Behalf of | Jan 4, 2017 | Probate Litigation |

The death of a loved one is a difficult time for any Texas family, and the weeks and months after can bring many complicated issues regarding the estate and outstanding debts of the deceased. When it comes to dealing with estate matters, especially if there is not a valid will, you should not deal with these issues alone.

If a family member died without a will, you may be wondering what is next for the estate and your family. Fortunately, there are options available to you. A Small Estate Affidavit may be the practical step for you, saving you some of the time and money associated with a Determination of Heirship.

What you need to know about a Small Estate Affidavit

It can be complicated to get a Small Estate Affidavit, but this option could be available to you if the circumstances of your case meet the following requirements:

  • Your loved one died without a will.
  • The estate property, with the exception of the homestead, is valued at less than $50,000.
  • The only transferable property in the estate is a homestead, and the heir, who must also qualify for a homestead exemption, was living with the decedent (the person who died).
  • The debts of the estate do not exceed the value of the estate.

Even if the estate in question qualifies for a Small Estate Affidavit, there are other essential requirements for the affidavit itself. These requirements can be complex, and it is critical to ensure that everything is correct and complete before submitting for approval. This is where the assistance of a qualified probate attorney will help, since he or she can help ensure all requirements are met and properly documented. Once your Small Estate Affidavit is approved, money can then be transferred to heirs and beneficiaries.

The guidance you need during a difficult time

Finalizing the estate of a loved one is a complicated process, especially during a time of grief. The legal matters that must be resolved are daunting, but they can be resolved effectively and efficiently with the help of a probate attorney.

If a family member passed away and did not have a will, you do not have to deal with the complications alone. With the right help, you can find positive solutions to your probate concerns.