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Do I Qualify for a Small Estate Procedure in Texas?

Do I Qualify for a Small Estate Procedure in Texas?

Q: Who is next of kin if there are no kids?

If there are no children, the next of kin typically includes the deceased's parents, siblings, or other close relatives. In Texas, the hierarchy of inheritance follows this order: spouse, children, parents, siblings, and then more distant relatives. If no relatives can be found, the estate may escheat to the state.

Q: Who is first in line for inheritance?

In Texas, the first in line for inheritance is typically the deceased's spouse and children. If there are no children, the estate may pass to the parents or siblings. The specific order of inheritance is defined by Texas intestacy laws, which dictate how assets are distributed when there is no valid will.

Q: Who is not allowed to inherit?

Individuals who are not allowed to inherit include those who are disinherited in the will, certain felons in some cases, and individuals who have committed crimes against the deceased. In Texas, if a beneficiary is found to have unlawfully caused the death of the testator, they may be barred from inheriting under the law.

Full question:

My daughter left a will naming me, her mother,as her heir. Never married, no children. Very few assets-a car and a small account with Ameritrade. Do I need to probate will or will an heirship affidavit be enough?

Category: Wills and Estates
Subcategory: Small Estates Affidavit Law
Date: 04/07/2025
State: Texas

Answer:

In Texas, where the value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000, a small estate may be administered by a small estate affidavit. After the affidavit has been approved by the court, the affidavit may be used to collect debts owed to the decedent.

The affidavit is filed with the clerk of the court in the county where the deceased resided. It lists certain information required by statutes, such as all of the known assets and liabilities of the estate, the names and addresses of the distributees, and the relevant family history or other facts concerning heirship that show the distributees' rights to receive the money or property of the estate. Please see the information at the link below for statutes and specific requirements. A link to an heirship affidavit has also been provided.

Once approved by the court, the affidavit may be presented to those who owe debts to the deceased in order to collect the property or money owed. Policies regarding distribution without an affidavit vary by company policy.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who will not inherit under a will?

Individuals who are explicitly disinherited in the will or those who are not named as heirs will not inherit under a will. Additionally, if a beneficiary predeceases the testator and there are no provisions for alternate beneficiaries, that individual will also not inherit. In Texas, if a person is intentionally excluded from a will, they cannot claim any rights to the estate.

Who is next of kin if there are no kids?

Can an heir complete an affidavit of heirship?

Yes, an heir can complete an affidavit of heirship in Texas. This document is used to establish the identity of heirs when there is no will. The affidavit must be signed by at least two disinterested witnesses who can confirm the family relationships. It is then filed with the county clerk to help transfer property without going through probate.

Who is first in line for inheritance?

How do you exclude family members from a will?

To exclude family members from a will, the testator must clearly state their intention in the document. This can be done by explicitly naming the individuals to be excluded or by including language that indicates they will not inherit. In Texas, it is important to ensure the will is properly executed to avoid potential challenges to its validity.