Probate Administration Small Estate Affidavit Determination of Heirship Affidavit of Heirship Muniment of Title Lawyer Attorney in Dallas Plano Ferris Texas Serving Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hunt, Kaufman, Navarro, Rains, Rockwall, Tarrant and Van Zandt Counties
Probate
Muniment of Title
Administration
Determination of Heirship
Small Estate Affidavit
Affidavit of Heirship
Guardianship
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An exception to the rule that a Determination of Heirship and Administration be filed when there is no Will or Trust left behind by the deceased individual is when the estate falls under a certain value. In these cases a Small Estate Affidavit and Order Approving the Affidavit may be filed in an abbreviated court process, which typically doesn’t even require a court hearing. The Texas Probate Code sets forth that for a Small Estate to be utilized the following must be true and correct:
- No petition for probate or administration is pending;
- Thirty (30) days have passed since the death of the deceased;
- The value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000; and
- The value of the non-exempt property exceeds the amount of liabilities of the deceased.
In these types of cases, it may be less costly and less time-consuming to handle the estate by Small Estate Affidavit and our firm can help with this type of process as well.
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