Small Estate Affidavit Lawyer in El Paso, TX
In certain situations, families may avoid the time and expense of full probate by using a Small Estate Affidavit in Texas. This simplified probate alternative allows heirs to transfer limited assets when a loved one passes away without a will. Working with an experienced Small Estate Affidavit lawyer in El Paso, TX can help ensure the process is completed correctly and in compliance with Texas law.
The Law Office of Steve Ortega, PLLC helps El Paso families determine whether a Small Estate Affidavit is the right solution for settling a loved one’s estate.
What Is a Small Estate Affidavit in Texas?
A Small Estate Affidavit is a legal document used to transfer certain assets of a deceased person to their heirs without appointing an executor or administrator and without full probate court administration. This option is available only for qualifying estates and must be approved by a Texas probate court.
This process is often faster and more cost-effective than traditional probate.
When Can a Small Estate Affidavit Be Used?
A Small Estate Affidavit may be filed if all of the following requirements are met:
-At least 30 days have passed since the decedent’s death
-The decedent died without a will (intestate)
-The heirs want to distribute the estate without a court-appointed administrator
-The total value of the estate, excluding homestead and exempt property, does not exceed $75,000
-The estate consists of limited assets, such as bank accounts, savings bonds, or a vehicle
-No title to real estate (other than a homestead) needs to be transferred
An El Paso probate attorney can review your situation to confirm eligibility before filing.
What Is Included in a Small Estate Affidavit?
-A properly prepared Small Estate Affidavit must include:
-Signatures of two disinterested witnesses
-Signatures of all heirs
-Each heir’s relationship to the decedent
-The date of death
-The decedent’s marital history
-The decedent’s family and heirship history
Errors or omissions can result in delays or rejection by the probate court, making legal assistance highly valuable.
Legal Guidance for Small Estate Affidavits in El Paso
Losing a loved one is emotionally and financially stressful, and choosing the wrong probate path can add unnecessary burden. The Law Office of Steve Ortega, PLLC is committed to helping families resolve estate matters efficiently and affordably.
An experienced El Paso probate lawyer can evaluate whether a Small Estate Affidavit is appropriate or whether another probate option—such as Muniment of Title or full probate—is required.
Contact the Law Office of Steve Ortega, PLLC today to discuss your options and determine whether a Small Estate Affidavit in El Paso, TX is the right solution for your family.