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

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. 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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  2. 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.

    John Zgourides
    www.zgourides.com

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  3. 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-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.

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