Small Estate Affidavits (Page 2 of 7) in pdf

Wise County Small Estate Affidavit (SEA) Checklist

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

Use the most recent Small Estate Affidavit (SEA) form on Wise County Court at Law No. 2’s website. The Court

requires that applicants use the SEA form that is available on the Court’s website because having applicants use that form

helps ensure an SEA will include all necessary information. If needed, include extra pages to provide additional

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

Civil Case Information Sheet. Texas Rule of Civil Procedure 78a has required that a Civil Case Information Sheet,

including contact information, be filed with all original applications. This “cover sheet” is to be filed at the time an SEA

is first filed. The Court will not consider an SEA unless the cover sheet is submitted with the Application.

Death Certificate. County Court at Law No. 2 requires a death certificate to be submitted with the Small Estate

Affidavit. An easily readable copy is fine. The social security number must be crossed out.

The SEA cannot be filed within 30 days of Decedent’s death. (Wait long enough to be sure you have ALL bills.)

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 Wise County, add facts to support venue in Wise County.

Remember that 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 Wise County.

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.

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.

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, vehicles, household furnishings, and

real property.

• Indicate value. Indicate the value of each asset as precisely as possible, using values at the time the affidavit is

signed. An SEA cannot be approved with any asset of “unknown value” because it is impossible to know if total

assets are $75,000 or less, and it might be impossible to know if the estate is solvent. With paperless accounts,

finding some values can be challenging. If a financial institution will not provide a precise value, you might be

able to get the institution to provide an approximate amount or a range that would be sufficient to allow an

SEA to be approved. Estates Code Chapter 153 also provides a method by which you can request a Court order

to get access to account information in appropriate situations.

 Limited estate. The SEA must show that the total assets of the estate are $75,000 or less, not including the

homestead (see next page) and exempt property (see next page).

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

transferred by Affidavit. For example, include VIN numbers for cars and include the last four digits of any

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

 If decedent was married at the date of death, you must also add the following in the “additional information”

column on the SEA form:

 State whether each asset was decedent’s community property or decedent’s separate property. See

definitions on the form.

 For each asset, give the facts that explain why the asset was community or separate property. For real

property, indicate the date the real property was acquired, in addition to other facts.

 For each asset that was community property indicate in the “additional information” column the total

value of the asset; you will list the value of decedent’s interest in the “value” column.

 Exempt Property. If decedent is survived by a spouse, minor children, or unmarried adult children who lived

Updated September 6, 2017

Small Estate Affidavit Checklist – Page 2 of 6

Small Estate Affidavits Page 2

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