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Texas Small Estate Affidavit Guide:
The $75K Probate Shortcut
32 Years of Real Estate Experience To Use For Your Strategic Advantage.
Use this streamlined process to transfer property in the RGV without a full court administration if the decedent died without a Will and meets specific asset limits.
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Texas Small Estate Affivadit Guide FAQ & Links
Intro: Use this streamlined process to transfer property in the RGV without a full court administration if the decedent died without a Will and meets specific asset limits.
Do You Qualify for a SEA in Hidalgo County?
No Will: Only available if the decedent died intestate (without a valid Will).
30-Day Rule: You must wait at least 30 days after the date of death before filing.
Solvency: The estate's assets must exceed its known debts (excluding mortgages on exempt property)
Required Signatures and Witnesses
Every Heir: All legal heirs (distributees) must sign the affidavit.
Disinterested Witnesses: Two adults with no financial interest in the estate must also sign and swear to the family history facts.
The $ 75,000 Asset Limit& Homestead Exemption
The Cap: Total assets must be $75,000 or less.
Homestead Rule: The primary residence is excluded from this $75k limit if it passes to a surviving spouse or minor children.
HIDALGO COUNTY COURTHOUSE
Use the most recent Small Estate Affidavit (SEA) form provided by the Hidalgo County Probate. Court or the Hidalgo County Clerk's Office.
INVENTORY REQUIREMENTS FOR THE SEA
To satisfy the court, your inventory in Section I must be specific. Do not use "unknown" values; the affidavit will not be approved without precise figures.
Bank Accounts: List the bank name and the last four digits of the account number.
Vehicles: Include a description of the car and the VIN number.
Real Property: Provide the full address and legal description. Note that an SEA can generally only transfer a homestead to a surviving spouse or minor child.
Liabilities: You must list all existing debts, including credit card balances and hospital bills, with enough detail to identify the creditor.
This is the primary document you must file.
Section I (Assets) and Section J (Liabilities) act as your inventory guide.
A helpful companion that explains how to answer each question, specifically detailing what counts toward the $75,000 asset limit.
A high-level overview to ensure you have met all local requirements before heading to the courthouse in Edinburg.
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