[TX] [TX] Can I use a small estate affidavit if there is only one heir?
Husband’s parents both died within 32 days of each other. They have no real estate or property other than small personal items, leaving only the contents of their checking account, total less than $7100 (or less, depending on whether or not Social Security retracts some funds). I have drafted separate Small Estate Affidavits for each. My question is this: in their wills, my husband is the only stated heir. They have a second son, noted in the will, not named as an heir. Is the affidavit sufficient?
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The short answer? In Texas, if the total value of each estate is under $75,000 (not including homestead or exempt property) and there’s no real estate, a Small Estate Affidavit can be used to transfer assets like bank accounts.
Since the wills name your husband as the sole heir and the second son is not a beneficiary, the affidavit should be sufficient as long as it aligns with Texas Estates Code § 205.001. You’ll need to check with Wells Fargo to confirm their requirements, which usually include certified copies of the death certificates, the affidavits, and possibly a copy of the will.
As long as the affidavit is properly executed and filed with the court, and the bank accepts it, your husband should be able to access the funds.
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Husband’s parents both died within 32 days of each other. They have no real estate or property other than small personal items, leaving only the contents of their checking account, total less than $7,100 (or less, depending on whether or not Social Security retracts some funds). I have drafted separate Small Estate Affidavits for each. My question is this: in their wills, my husband is the only stated heir. They have a second son, noted in the will, not named as an heir. Is the affidavit sufficient?
I'm sorry to hear about the passing of your husband’s parents. Have you already filed the Small Estate Affidavits with the necessary documentation?
I have not filed anything, simply drafted the forms just now.
Have you consulted with a probate attorney or legal professional to review the wills and the Small Estate Affidavits for accuracy and compliance with state laws?
Not yet. The wills are very simple.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with inheritance matters.
I don’t think so.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Have you confirmed whether the bank holding the checking account accepts Small Estate Affidavits, and if so, do they require a specific format or additional documents like a death certificate or a copy of the will?
I have not inquired of the bank, I just discovered Small Estate Affidavits while researching the topic of simple wills and probate in Texas. I should add that the bank already has copies of both death certificates. I am in Texas, and the bank is Wells Fargo.
The short answer? In Texas, if the total value of each estate is under $75,000 (not including homestead or exempt property) and there’s no real estate, a Small Estate Affidavit can be used to transfer assets like bank accounts.
Since the wills name your husband as the sole heir and the second son is not a beneficiary, the affidavit should be sufficient as long as it aligns with Texas Estates Code § 205.001. You’ll need to check with Wells Fargo to confirm their requirements, which usually include certified copies of the death certificates, the affidavits, and possibly a copy of the will.
As long as the affidavit is properly executed and filed with the court, and the bank accepts it, your husband should be able to access the funds.
Just one more question: Does anything other than the will and death certificate need to be filed with the county in which they lived at the time of death?
I hear you! In Texas, to use a Small Estate Affidavit, you must file the affidavit with the probate court in the county where the deceased resided, along with the death certificate and the will if there is one. The affidavit must also be signed by all heirs and notarized. Once approved by the court, you can present the certified affidavit to institutions like the bank to collect the assets.
Thank you so much! It should be really straightforward, but I wanted to be sure and do it all in the proper order. You have clarified that for me. Thanks again.
Michael M. Esq.
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