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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.

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Attorney answers 3


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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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

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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.

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