I am filing a small estate affidavit for my brother's estate to transfer the Deed of Title to the home. But should I list the car which payments are current? I was under the assumption the title has to be transferred at the Tag and title office not the courts. I am not sure how this works.
Family Law Attorney
Yes, you need to list the vehicle as well as the loan. You transfer title after the Affidavit has been approved.
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Elder Law Attorney
It depends on how the car is titled. In Texas, a small estate affidavit, if approved by the court, allows transfer of a decedent's assets including titles to automobiles and the homestead. See Texas Probate Code Ch, 187 - 138: http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.VI.htm#137.
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Wills and Living Wills Lawyer
If the car's title is in the name of the decedent, it has to be included and transferred as an asset of the probate estate.
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