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

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. 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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