Guadalupe County Small Estate Affidavit Checklist printable pdf download

Guadalupe County Small Estate Affidavit Checklist

Texas Estates Code Chapter 205 dealing with Small Estate Affidavits generates much confusion. Banks,

insurance companies, and title companies often tell individuals to file a Small Estate Affidavit (SEA) without

considering the limited circumstances in which an SEA can be granted. Individuals then fill out a form without

reading the statute and without understanding Texas intestacy law. They pay a $256 filing fee and expect

approval. But many SEAs are denied for problems that cannot be corrected, and the denied applicants lose their

filing fees. Many other SEAs cannot be approved without amendment.

Before filing an SEA, carefully review this checklist and the attached charts regarding Texas rules for who takes

what property when the decedent didn’t have a will (rules for descent and distribution). See also the requirements

for SEAs in Chapter 205 of the Texas Estates Code and the rules for descent and distribution in Chapter 201. To

prepare an SEA that the Court can approve, you need to understand all of the rules and requirements. The

complexity of the Code poses many pitfalls for non-lawyers – and even some lawyers – attempting to comply

with the requirements. An attorney’s assistance in drafting an SEA may prevent the denial of an Affidavit that

might have been approved if the Affidavit had been prepared correctly.

This checklist explains the basics, but the list does not cover everything included in Chapters 201 and 205.

1. Use the most recent SEA form on the Guadalupe County Probate Court’s website. To increase the

chances that an SEA will include all necessary information, the Court requires that applicants use the SEA

form that is available on the Court’s website. If necessary, include extra pages to provide additional

information. The SEA must be completed by persons who have actual knowledge of the stated facts.

2. Cover/Information Sheet. Texas Rule of Civil Procedure 78a requires that a Civil Case Information Sheet,

including contact information, be filed with all original applications. The Court will not consider an SEA

unless this is on file.

3. Death Certificate. The Guadalupe County Probate Court requires a death certificate to be filed with all

probate applications, including SEAs. An easily readable copy is fine. Cross out the social security

number.

4. Cannot be filed within 30 days of Decedent’s death. (Wait long enough to be sure you have all bills.)

5. County where Decedent resided. An SEA should be filed in the county where Decedent resided if Decedent

had a domicile or fixed place of residence in Texas. If that’s not Guadalupe County, add facts to support

venue in Guadalupe County. Granting an SEA is in the Court’s discretion; it is unusual for the Court to

approve an SEA for a Decedent who did not have a fixed place of residence in Guadalupe County.

6. No Will. By statute, an SEA cannot be used where Decedent left a will. Applicants must swear that the

Decedent died without a will. If Decedent had a will, you will need to use a different probate procedure.

7. No Administration. An SEA cannot be approved if a petition for the appointment of a personal

representative is pending or has been granted or if it appears that an administration is needed.

8. Decedent’s Estate Assets.

•

List everything. The SEA must list all of Decedent’s known estate assets – not just some of them.

Assets are any property owned that has monetary value, including cash or bank accounts, real estate,

vehicles, and household furnishings.

•

Indicate value. Indicate the value of each asset as precisely as possible. An SEA cannot be approved

with any asset of “unknown value.”

•

Limited estate. The SEA must show that the total estate assets are $50,000 or less, not including the

homestead (see below) and exempt property (see below).

•

Provide sufficient detail. Describe each asset with enough detail to make it clear exactly what property

is being transferred by Affidavit. For example, give VIN numbers for cars and give the last four digits of

any account numbers, along with the name of bank or other entity holding the funds.

Small Estate Affidavit Checklist, Page 1 of 6

Updated: 10/5/2015

Guadalupe County Small Estate Affidavit Checklist

Related Articles

Related forms

Related Categories