Hays County, TX · Hays County
Small Estate Affidavit
This affidavit is for estate distributees seeking court approval to establish their right to inherit a decedent’s property.
At a glance
- Issued by
- City of Hays County · Hays County, Hays County, Texas
- Notarization
- Not required: file this form without a notary.
- Official source
- hayscountytx.gov
- Blank form
- Download the PDF
- Catalogued
- Machine-readable
- JSON record · about the forms index
What this form is
Hays County’s required form records information about a decedent’s death, residence, family history, estate assets and debts, and heirs. Distributees use it when seeking court approval of a small estate affidavit; the form states that more than 30 days must have passed since the death and that the decedent died without a will. It also asks for each heir’s contact details and share of the estate.
Who needs it
Distributees seeking court approval of a small estate affidavit for a decedent’s estate in Hays County need this form.
How to submit it
The form asks that the affidavit be filed in the records of the Hays County Clerk and approved by the Court.
About notarization
This document is signed and dated without a notary; the signer just signs and dates it.
How to submit this form
- 1
Download the Affidavit
Download the Hays County Small Estate Affidavit.
- 2
Complete the Form
Provide the requested information about the decedent, family history, estate assets and liabilities, and distributees.
- 3
Gather Supporting Information
The form says a copy of the decedent’s death certificate will be filed with the affidavit; it also describes additional information that may be needed for a Medicaid claim.
- 4
File With the County Clerk
File the affidavit in the records of the Hays County Clerk and request court approval as stated on the form.
Frequently asked questions
- Do I need a notary for the Small Estate Affidavit?
- No. This document is signed and dated without a notary; the signer just signs and dates it.
- How do I submit the Small Estate Affidavit?
- The form says to file the affidavit in the records of the Hays County Clerk and asks the Court to approve it.
- What information does the affidavit ask for?
- It asks for details about the decedent’s death, residence, family history, assets, debts, and heirs, including each heir’s contact information and share.