Erath County, TX · Erath County

No notary required

Small Estate Affidavit

Distributees use this affidavit and checklist to ask the Erath County Court to approve a qualifying decedent’s small estate.

At a glance

Issued by
City of Erath County · Erath County, Erath County, Texas
Notarization
Not required: file this form without a notary.
Official source
co.erath.tx.us
Blank form
Download the PDF
Catalogued
Machine-readable
JSON record · about the forms index

What this form is

This document combines a checklist with an affidavit and proposed court order for a small estate. The checklist says the affidavit is for limited circumstances, including when there is no will or pending administration and the estate meets the stated asset and debt requirements. It asks for information about the decedent, distributees, assets, liabilities, and any homestead, and requests court approval.

Who needs it

Distributees seeking court approval of a small estate may use this document if the estate meets the checklist’s stated requirements.

How to submit it

The form names the County Court of Erath County, Texas, and says the affidavit should be filed in the county where the decedent resided. Submit it to the county department named on the form; check the county website for current contact details.

About notarization

This listing marks the document as not requiring a notary; its checklist discusses sworn signatures for distributees and witnesses, so confirm those steps with the county.

How to submit this form

  1. 1

    Download the PDF

    Download the Small Estate Affidavit and checklist.

  2. 2

    Complete the Affidavit

    Provide the decedent’s information, distributee details, and the estate’s assets and liabilities.

  3. 3

    Review the Checklist

    Check the eligibility conditions and gather the information requested about the estate and its distributees.

  4. 4

    Submit to the County

    File in the county where the decedent resided, as the checklist directs.

Frequently asked questions

What is the Small Estate Affidavit for?
It is an affidavit and checklist for distributees seeking court approval of a qualifying small estate. It asks for details about the decedent, heirs, assets, debts, and any homestead.
Who may use this affidavit?
Distributees may use it when the estate meets the checklist’s conditions, including no will, no pending administration, and assets and liabilities within the stated limits.
Do I need a notary for the Small Estate Affidavit?
This listing marks the document as not requiring a notary. The checklist discusses sworn signatures for distributees and witnesses, so confirm those steps with the county.
How do I submit the Small Estate Affidavit?
The form names the County Court of Erath County and says to file in the county where the decedent resided. Check the county website for current contact details.

Need something notarized?

This Small Estate Affidavit doesn’t need a notary, but Texas residents can notarize other documents online with a commissioned online notary.