Do I need to include a car on the small estate affidavit although I am making the payments and insurance?

Asked over 1 year ago - Missouri City, TX

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.

Attorney answers (3)

  1. John Gus Zgourides

    Contributor Level 17


    Lawyers agree

    Answered . 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:

    John Zgourides

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . Yes, you need to list the vehicle as well as the loan. You transfer title after the Affidavit has been approved.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  3. Scott D Rosenberg

    Contributor Level 15


    Lawyers agree

    Answered . 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.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-... more

Related Topics

Estate planning

Estate planning refers to the process in which you decide and document what happens to your assets after you die, by making things like wills or trusts.

Estate assets and estate planning

For estate planning, estate assets include anything of value, such as real estate, bank accounts, investments, insurance policies, and even items like jewelry.

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