In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.

Texas law provides for simplified probate when the value of estate of a decedent less the value of the homestead and exempt property and family allowance to the surviving spouse and minor children does not exceed the amount sufficient to pay the following claims:

• expenses for the decedent’s funeral and last sickness up to $15,000
• administration of the estate
• secured creditors claims
• delinquent child support

The decedent’s personal representative shall pay the claims as ordered by the court.

 

 

Another option in Texas for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when all assets of the estate, less any homestead or exempt property does not exceed $50,000. After a waiting period of 30 days, the beneficiaries simply present the affidavit to the holders of the decedent’s property and it will be transferred to them.