Affidavit of Heirship and Small Estate Affidavit: What You Need to Know

January 5, 2024

Be in the know

There are several significant differences between an Affidavit of Heirship and a Small Estate Affidavit in Texas.

Here are some basics you should know about.


Affidavit of heirship

This affidavit is used when a person dies without a will, and the assets comprise mainly real property titled in the decedent’s name. The document identifies the heirs to real property the deceased has left.

The affidavit of heirship is filed with deed records in the county where the real property of a passed-away individual is located. Although the document does not transfer title to real property, Texas Estates Code 203.001 states it becomes evidence about the property after five years it has been on file. The affidavit of heirship composes a transparent chain of title transfer to the successors.

 

Small Estate Affidavit

Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedent’s homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased person’s real property cannot be transferred by submitting a small estate affidavit.

The successors can obtain ownership of the decedent’s homestead by listing the real property and its legal description in the affidavit, together with the other owner’s assets. Then, the form must get approval from the judge. Once an approval is obtained, a certified copy of the document and the court order approving it should be filed with the real property records.

 

What is a Small Estate Affidavit anyway??

Many people do not own a substantial estate or compose a will. When an individual who passes away has assets, including a family home and an average bank account, undergoing probate proceedings seems rather a waste of time, effort, and resources. In such cases, a small estate affidavit can save family members from a painstaking process if the inherited estate qualifies according to Texas intestacy law.

 

What is a small estate affidavit used for in Texas?

A small estate affidavit is a legal form that is used to transfer property to the decedent’s successors, avoiding formal probate. However, only strictly specified circumstances allow heirs to use a small estate affidavit. The deceased owner’s property must match the requirements established in the Texas Estates Code Chapter 205.


When do you need a Small Estate Affidavit?

If your loved one who has passed away owned a small homestead and a modest bank account, you can use a small estate affidavit form to transfer property without going through a formal probate process. To file the form, you need to match the following basic conditions:

 

The property owner hasn’t left a will.

The total estate value is $75,000 or lower.

Then, you can download and fill out this free small estate affidavit Texas form and submit it to your local authority. Ultimately, your family estate can be settled without the expensive court proceeding.

 

Does a small estate affidavit need to be notarized in Texas?

The laws in Texas, specifically Texas Estates Codes section 205.002, require the small estate affidavit form to be sworn to by two witnesses and the distributees or heirs. To swear a document, a person must sign it before the Notary Public.

 

How do I notarize small estate affidavit?

To notarize your small estate affidavit in Texas, you must obtain the signatures of two disinterested witnesses and the distributees or heirs. The document needs to be witnessed in front of the notary. To simplify and speed up the process, you can contact my team and we can help assist with the process and notarize your documents, so you can leave the worry behind and the preparation work to the experts.



If you would like to hear more about how our firm can help you plan for the future, contact us today. We would love to help.

We provide estate planning services to clients throughout South and Central Texas. Please contact us today, we are happy to share our expertise with you so you can make the best decisions for passing on your financial legacy. We are available in person, by appointment or by Zoom. In South Texas, call us at 956-791-5422. 


January 17, 2025
As we step into the new year, I find myself reflecting on the countless entrepreneurs, professionals, and business owners I’ve worked with throughout my career. Helping clients mold a shield of protection around their assets has been one of the most rewarding aspects of my practice. Time and time again, I’ve witnessed that success isn’t reserved for geniuses, nor does it require a fancy degree. The secret lies in action, strategy, and discipline—traits anyone can cultivate to achieve and maintain wealth. The Myth of Instant Wealth How often have we heard someone say, “When I win the lottery, I’ll finally be set”? It’s a common refrain, but let’s examine the reality. Imagine winning $10 million in the lottery. After choosing the lump sum option and paying taxes, you might walk away with only a fraction of that—perhaps $2 million. Without a solid financial plan, it’s no surprise that many lottery winners end up broke within a few years. True wealth isn’t about luck or flashy possessions. It’s about what you do with your resources and how you protect them. If you look around your community, the truly wealthy aren’t necessarily the ones with the biggest houses or newest cars. They’re often the ones who’ve taken calculated risks, lived within their means, and built unglamorous but steady businesses. These individuals mold the clay they’re given, creating shields of protection around their assets that ensure their financial stability for generations. The Trap of Looking Rich We’ve all seen it—the big house, luxury car, and designer wardrobe. But appearances can be deceiving. Many who look wealthy are drowning in debt, spending more than they earn, and chasing the illusion of success. As my wife lovingly calls it, Dickersonism #7: “Looking rich does not MAKE you rich.” True wealth is built on a foundation of solid, income-generating assets, not consumables. Falling into the trap of “keeping up with the Joneses” (or Kardashians) often leads to financial instability and missed opportunities to create lasting wealth. The Cost of Inaction One of the greatest obstacles to wealth and protection is inaction. Henry Ford famously said, “If you think you can, you can. If you think you can’t, you can’t. Either way, you’re right.” Inaction is the path of least resistance, but it’s also the path to missed opportunities and unfulfilled potential. Some hesitate out of fear or over-analysis, a condition I call “analysis paralysis.” It’s easy to get caught up in what could go wrong, but this mindset keeps you stagnant. Every successful person I’ve worked with has one thing in common: they took action. They understood the risks but focused on the rewards, moving forward despite uncertainty. Setting Your Course for 2025 If you haven’t taken steps to mold your financial future, now is the time. Ask yourself: Where do you want to be a year from now? In five years? In ten? Define your goals and begin building the path to reach them. Just as importantly, protect what you’ve built. Not having a plan to shield your assets is like running exposed electrical wiring—sooner or later, you’ll face unnecessary risks. A board-certified estate planning attorney can help you design a plan to safeguard your wealth, ensuring it stays secure for you and your loved ones. Take Control of Your Future Success doesn’t just happen—it’s molded. Listen to trusted advisors, but remember that the final decisions are yours to make. Clarify your vision, take bold steps, and build the life you’ve always dreamed of. At The J.M. Dickerson Law Firm, we’re here to guide you every step of the way. Whether in person, by appointment, or via Zoom, we’re committed to helping you create a legacy of success and security. Contact us today, we can help! South Texas: 956-791-5422 Central Texas: 830-302-4577 Let’s make 2025 your year of action, growth, and protection.
December 20, 2024
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December 13, 2024
As the end of the year approaches, it’s easy to feel the weight of unfinished tasks and the hustle of the holiday season. Between wrapping up work projects, preparing for family gatherings, and making plans for the future, this time of year can feel overwhelming. But amidst the busyness lies a valuable opportunity—the chance to press reset and prepare for a fresh start. The New Year offers a clean slate, making it the perfect time to reflect, reorganize, and refocus your goals. By dedicating some time to the right activities now, you can set yourself up for success in the months ahead. Here are four key steps to help you start the New Year on solid footing. Step 1: Reflect on the Past Year As the calendar flips to a new year, many of us naturally find ourselves looking back at the previous 12 months. This is the perfect moment to assess your professional and personal accomplishments, challenges, and growth. Ask yourself: • What were my biggest successes this year? • What goals did I miss, and why? • What strategies or habits worked well for me? • Where can I improve moving forward? Reflection isn’t just about identifying wins and losses; it’s about understanding the “why” behind them. Seek feedback from colleagues, mentors, or trusted peers to gain new perspectives. The more honest and thorough your evaluation, the more valuable it will be as a foundation for future planning. Step 2: Create a Game Plan for the Year Ahead Reflection is only the beginning. To make real progress, you need a clear and actionable plan for the year ahead. Start by defining your big-picture goal for the next 12 months. What’s the most important outcome you want to achieve? Once you have that, break it down into smaller, measurable objectives. For example, if your goal is to expand your business, your smaller objectives might include increasing marketing efforts, attending networking events, or launching a new service. Outline the steps needed to achieve each objective and set realistic timelines for completion. Revisit your goals regularly—at least quarterly—to ensure you’re staying on track or to adjust for any changes in your circumstances. Flexibility is key to maintaining momentum throughout the year. Step 3: Declutter Your Inbox An overflowing email inbox can be a constant source of low-grade stress. Ending the year with a streamlined and organized inbox can give you a fresh sense of control as you head into January. Here’s how to tackle it: • Respond immediately to any urgent or unresolved messages. • Delete emails that are no longer relevant. • Unsubscribe from newsletters or mailing lists you no longer find useful. • Create folders and filters to better organize incoming messages moving forward. To keep your inbox manageable, schedule regular cleanups throughout the year. Whether monthly or quarterly, these maintenance sessions will prevent clutter from building up again. Step 4: Knock Out Small Tasks The small, unfinished tasks lingering on your to-do list can be more draining than you realize. Use this time to cross off as many as possible before the New Year begins. • File paperwork that’s been piling up. • Respond to emails you’ve been avoiding. • Wrap up loose ends on ongoing projects. Completing these small but nagging tasks will give you a sense of accomplishment and free up your mental bandwidth for bigger goals in the New Year. Starting January with a clean slate will allow you to hit the ground running. Your Fresh Start A new year is a chance to realign your priorities, set meaningful goals, and approach your work with renewed focus. By reflecting on the past year, setting actionable goals, decluttering your space, and tying up loose ends, you’ll create the foundation for a successful year ahead. Whether you spread these steps out over a few weeks or tackle them all in one day, the most important thing is to commit to the process. A little effort now can make a big difference in how you start the year—and how you finish it. Here’s to making the most of your fresh start!
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