[TX] How do I use a small estate affidavit to assume property in another state?
Hi, I just filled out a small estate affidavit. My brother-in-law passed away in Culberson County, Texas (Van Horn) on February 14, 2024. His two sons, the heirs, don’t want his pickup truck and trailer, but are letting me take over payments so I can buy and own them. The form says they are the heirs and that I need to sign this in Texas. I live in Minnesota. What do I do?
32
13
Solved
The heirs to the property in the small estate have to sign the small estate affidavit and then assign the interest to you. The title goes from the deceased to them with the affidavit, then to you. Where it’s notarized isn’t a problem. A small estate affidavit can be notarized in any state, according to the Full Faith and Credit Clause of the U.S. Constitution.
0
Texas Small Estate Affidavit
Create Document
Full Conversation
Hi, I just filled out a small estate affidavit. My brother-in-law passed away in Culberson County, Texas (Van Horn) on February 14, 2024. His two sons, the heirs, don’t want his pickup truck and trailer, but are letting me take over payments so I can buy and own them. The form says they are the heirs and that I need to sign this in Texas. I live in Minnesota. What do I do?
Lexi, Chatbot
I’m sorry to hear about your brother-in-law. Have you consulted with an estate lawyer in Texas regarding this affidavit?
Yes, but it's too much money.
Lexi, Chatbot
Are you looking to transfer ownership of the pickup truck and trailer from your brother-in-law’s sons to yourself legally?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Nothing else. I just want to know if I can fill this affidavit out in Minnesota, even though my brother-in-law died in Texas. The truck and trailer are with me.
StephenH129
Hello! My name is Stephen, and I’m an attorney. Sorry for your loss. We can work through this.
Sounds good, Stephen. Can you work on this with me now?
StephenH129
The heirs to the property in the small estate have to sign the small estate affidavit and then assign the interest to you. The title goes from the deceased to them with the affidavit, then to you. Where it’s notarized isn’t a problem. A small estate affidavit can be notarized in any state, according to the Full Faith and Credit Clause of the U.S. Constitution.
So the kids need to sign it?
StephenH129
Yes, all heirs must sign the affidavit (or someone with legal authority on their behalf).
Do I still use the small estate affidavit?
StephenH129
Yes, that works. It’s still a small estate, but you need the heirs. The DMV should allow it once it’s filed.
Okay, thanks. Next question: the kids will sign the affidavit and they’re adults. How do they transfer their right of heirship to me or my wife?
StephenH129
The heirs to the estate can’t transfer “heirship,” but they can transfer title. Think of it like follow the bouncing ball: deceased → heirs → you. They can sign directly to you under the affidavit to save a step.
Who do I turn the affidavit into? The Minnesota courts?
StephenH129
No—Texas. Minnesota has nothing to do with it. File it in Texas, mail if needed.
Got it. So the small estate affidavit must be filed in Texas, then the heirs get the titles and sign them over to me.
StephenH129
Correct. File it, keep a copy, and use it with the DMV for title transfer.
The trailer is tricky because it’s not paid off. The lender won’t talk unless they have the affidavit. Can I add language so it shows I can own it outright?
StephenH129
Yes, you can attach an extra page saying so. Lenders have their own hoops, but an attachment works.
Okay, so the affidavit + attachment signed by the heirs = lender and DMV should work, even though I’m not blood.
StephenH129
Exactly.
The affidavit says it must be signed before a Texas notary. Can I notarize it in Minnesota?
StephenH129
The heirs are the ones signing. They can notarize in any state. Notaries only confirm identity, not document content.
The heirs live in Idaho and Virginia.
StephenH129
That’s fine. They’ll each sign and notarize separately.
Wow, okay. So if I get the small estate affidavit filled out, notarized by the heirs, and attach a document giving me ownership rights, we should be good with the lender and DMV.
StephenH129
Correct. It’s a process, usually 60–90 days, but much faster than probate.
Wow, thanks for all the great help, Stephen.
StephenH129
My pleasure. Take care now.
StephenH129
20,479 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
