Texas Small Estate Affidavit: documents, filling it out, and where to file

Documents to gather

• The SEA form required by your county's probate court. Travis County's courts will not approve an SEA on any other form, and Bexar County's court requires the form on its website. Travis County administrative orders requiring the court's SEA form (PDF)
• A readable copy of the death certificate with the Social Security number crossed out (required by the Travis and Bexar probate courts).
• Statements or values for every asset as of the date the affidavit is signed: bank accounts (institution and last four digits), vehicles (VIN), household property, and any homestead.
• Amounts for every debt: credit cards, medical and utility bills, and any attorney's fees for preparing the SEA (Travis checklist).
• Names and addresses of every distributee, and the family facts that show who inherits. §205.002(a)(3)
• If the decedent received Medicaid on or after March 1, 2005: the amount owed to Medicaid or a Medicaid Estate Recovery Program certification (Travis checklist item 10).

How to fill out the key sections

Assets

List all known estate assets, not just some, and mark which ones you claim are exempt. §205.002(a)(3)(A), (b) Give a value for each; the courts say an asset of "unknown value" makes approval impossible. If the decedent was married, state whether each asset was community or separate property and the facts that show it, including the acquisition date for real property.

Debts

List every existing debt with its amount and enough detail to identify the creditor. If there are none, write "none". The Travis checklist says this section can't be left blank.

Family history and heirs

State the relevant family history facts that show each distributee's right to inherit. §205.002(a)(3)(C) The court checklists say the most common mistakes are not listing all heirs, getting the shares wrong, and leaving columns of the heirship chart empty; fill in both separate-property columns and, if the decedent was married, the community-property column.

Signatures

Every distributee with legal capacity and two disinterested witnesses swear to the affidavit before a notary. §205.002(a)(1) Check every page for blanks before anyone signs.

Where to file

File the affidavit with the clerk of the court that has jurisdiction and venue of the estate. §205.001(4) The Travis and Bexar checklists say that means the county where the decedent resided. Filing is with the county clerk's probate division, in person or electronically through eFileTexas using an electronic filing service provider. Travis County Clerk probate eFiling

After the judge approves

• Order certified copies from the clerk. Give one to each person who owes money to the estate, holds estate property, or acts as a registrar or transfer agent. §205.004
• If the homestead passes under the affidavit, record it in the deed records of the county where the homestead is located. §205.006
• Anyone who pays or delivers property in reliance on the affidavit is released as if they paid a personal representative; the people who signed it are liable for losses caused by relying on it. §205.007

Common questions

Where do I file a Texas Small Estate Affidavit?

With the clerk of the court that has jurisdiction and venue of the estate (§205.001(4)), which the Travis and Bexar probate courts say is the county where the decedent resided.

Do I need a death certificate for a Small Estate Affidavit?

The Travis County and Bexar County probate courts require a readable copy of the death certificate with the Social Security number crossed out.

What do I do with the approved affidavit?

Get certified copies from the clerk and give one to each bank, company, or agency that owes money to or holds property of the estate (§205.004).