Texas Estates Code 205.002 – Affidavit Requirements
(a) An affidavit filed under Section 205.001 must:
(1) be sworn to by:
(A) two disinterested witnesses;
(B) each distributee of the estate who has legal capacity; and
(C) if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;
(2) show the existence of the conditions prescribed by Sections 205.001(1), (2), and (3); and
(3) include:
(A) a list of all known estate assets and liabilities;
(B) the name and address of each distributee; and
(C) the relevant family history facts concerning heirship that show each distributee’s right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist transferred to the distributee as an heir or assignee.
(b) A list of all known estate assets under Subsection (a)(3)(A) must indicate which assets the applicant claims are exempt.
Terms Used In Texas Estates Code 205.002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Next of kin: includes :
(1) an adopted child or the adopted child's descendants; and
(2) the adoptive parent of the adopted child. See Texas Estates Code 22.026 - Property: means real and personal property. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011