Full question:
my husband passed away 2 years ago and did not leave a will. Blue cross blue shield is attempting to pay back a little over $500.00 that was spent on his insurance after his death. They say I need a small estate affidavit in order to change the name from his estate to my name o the check. Exactly which form do I need and do I have to take it to a court or just have it notarized?
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- 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.
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.
