Alternatives to Probate in Texas: Small Estate Affidavit

Category: Other

A small estate affidavit is the cheaper alternative to the probate process. If the Decedent dies intestate (without a Will), and the total value of the estate, not counting the value of the Decedent’s homestead and other exempt property, is less than $50,000, then one can file an affidavit in the Probate Court in the county where the Decedent resided, identifying the heirs of the Decedent’s estate under oath, and by having the affidavit witnessed by two disinterested people that swear that the family history information contained in the affidavit is accurate.