Bexar is a county in the state of Texas, USA and this small estate affidavit form is one used if the estate of the decedent is within this county. Using this form is beneficial as it avoids long drawn out court procedures. As it is a ‘small estate’ affidavit, the value of the decedent’s estate should not exceed $50,000 to be able to use this form. Also, more than 30 days must have passed since the decedent passed away.
The affiant must apply at the appropriate court and appear along with 2 witnesses, who have no interest in the decedent’s estate.
How to Fill this Small Estate Affidavit Form?
- Enter the name, date of death and place of death of the deceased, along with a copy of his/her death certificate.
- Check one of three boxes with regard to the decedent’s dealing with the Medicaid Estate Recovery Program (MERP).
- Jot down a list of all the assets in the decedent’s estate, including bank accounts, life insurance policies, cars/vehicles and real property. Describe every asset, provide their value in USD and provide additional details (if needed).
- the affiant should now make a list of the debts and liabilities of the deceased person, including credit card balance, hospital and utility bills, funeral expenses, etc. If there are no liabilities, write ‘none’. Mention debt along with the respective amounts owed.
- The next entire section is for the family history of the decedent – whether he was single or married, whether he had children or not, whether grandchildren or not, whether parents were alive or not, brothers/sisters, etc. Mention the full names, relationships with decedent and date of birth of all these rightful heirs to the estate. Details of passed away family members is also to be entered.
- Next, a list of all those entitled to receive a share of the property is to be made. name, address, telephone number and email address of every rightful heir is needed, along with what property they are entitled to receive (real, personal or community).
- Once the form is completely filled, it is to be notarized and signed. Each and every distributee must sign, affirming that all the details in this affidavit are 100% true and accurate. A separate copy for signature and notarization is to be maintained by each distributee. Each of them must enter full name and sign.
- This is followed by the affidavits and signatures of the two witnesses.