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

Asked 11 months 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 14


    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

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