Section 52A Texas Affidavit of facts concerning identity of heirs. or Small Estate Affidavit????

Asked almost 2 years ago - Houston, TX

Section 52A Texas Affidavit of facts concerning identity of heirs.

What exactly needs to be filed with this form. I read something about a special deed needing to be prepared .. and that it's not a quit claim. What is it, and where can I find it?
Also doesn't a page need to be included with 52A
for a judges signature like a Small Estate Affidavit contains?

What is the real difference between the two?

As to small estate. There is NOTHING but a jointly owned FINANCED Homesteaded house.
To me, this means there is really nothing to probate, as there are no unpaid bills either.
Thanks

Attorney answers (1)

  1. Orsen E. Paxton III

    Pro

    Contributor Level 17

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    Answered . The affidavit at Texas Probate Code Section 52A is NOT a Small Estates Affidavit. It is precisely what it says it is: AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS. There is no page for a judge's signature because it is not part of a court proceeding. A SMALL ESTATE AFFIDAVIT is done pursuant to Texas Probate Code Sections 137 and 138. It is a court proceeding and does result in an order signed by a judge approving the affidavit. One of the qualifications for use of a SMALL ESTATE AFFIDAVIT is that the value of the entire assets of the estate, not including homestead and exempt property, does not exceed $50,000. In general, use of a SMALL ESTATE AFFIDAVIT is preferable to use of an AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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