Small Estate Affidavit Attorney

Small Estate Affidavit

When someone dies without a will, this affidavit filed in the probate court that is used to declare or identify the heirs of a deceased person and state ownership of real and personal property. This must be approved by a probate judge. The criteria for using this process are as follows:

  • Person (Decedent) must have died without a will;
  • No petition has been filed for the appointment of a personal representative;
  • Thirty (30) days have elapsed since the death of decedent; and
  • The value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000.

Contact a qualified probate attorney for more information and to see if this document could benefit your situation.


Lori Ashmore Peters
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Helping Dallas area families with all of their legal Estate Planning, Probate and Business Planning needs.