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.