If a person dies without a will and leaves a limited estate (valued at less than $50,000), Texas law provides for a streamlined probate process. While the small estate affidavit reduces the time and expense of estate administration, it should not be thought of as a “do-it-yourself” job.
The experienced probate attorneys of The Law Offices of Kennedy & Jackson can attend to the critical details and legal complexities of properly preparing a small estate affidavit. We counsel family members and appointed administrators in Greater Houston and Harris County.
DO YOU HAVE A CANDIDATE FOR THE SMALL ESTATE AFFIDAVIT? PROBATE LAW FIRM IN HARRIS COUNTY, TEXAS
The small estate affidavit must meet the following criteria:
- The person died intestate (without leaving a will).
- At least 30 days have passed since the person’s death.
- The value of the estate does not exceed $50,000, excluding the deceased’s homestead and other exempt property.
- No one has petitioned to be appointed as the administrator.
- All heirs have signed and sworn to the affidavit.
- Two disinterested witnesses (i.e., nonbeneficiaries) have signed and sworn to the affidavit.
Our board-certified probate attorneys* are knowledgeable about the errors and omissions that might result in denial of a small estate affidavit. We make sure that all statutory components are addressed before petitioning the court for a hearing.
CONTACT US ABOUT EXPEDITED PROBATE OF A LIMITED ESTATE
While the house, retirement accounts and other assets may be exempt, non-homestead property and other investments and accounts might exceed the statutory $50,000 threshold. We provide a complimentary and confidential consultation to examine whether your situation qualifies for the small estate affidavit or must go through traditional probate.
Our law office is located in the Galleria area of Houston, with free on-site parking available next to our office building. To schedule an appointment with one of our lawyers, call 713-783-7444 or send us an email.
* Thomas Kennedy and David Jackson are both certified as specialists in probate law and estate planning by the Texas Board of Legal Specialization.