Legal Question in Wills and Trusts in Texas

Small estate affidavit with no will

My mother, who passed away last year, was involved as a beneficiary in an asbestos lawsuit on behalf of her deceased father. I just found out from the lawyer in Ohio who is handling the case that the settlement amounts are inheritable by my two brothers and I. A lawyer I consulted today suggested filing a small estate affidavit, since my mother left no will and has no other property or debts to be distributed/paid. However, the lawsuit involves over 30 companies who are all settling separately, which means the payments to the estate vary in amount each time and could take years to settle completely. The final total amount could be well over $50,000, and the ''property'' in question is in Ohio, not Texas. Is a small estate affidavit feasible in this case, or can I simply use an affidavit of heirship to avoid the courts altogether? I am hoping to avoid a full probate of her estate. Thanks in advance.


Asked on 6/02/05, 3:15 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: Small estate affidavit with no will

An heirship affidavit might not do the trick. If you think the settlement is going to exceed $50,000, then the small estate is probably not the best tool to use, especially if you are getting the money in several chunks but at different times. I would first check with the OH lawyer to see if you can have them file for probate in OH. Some personal injury firms will do a probate action for you at a reduced fee if you have a PI case with them. Otherwise, I would go ahead with a regular probate action in TX. I think you would be much, much better doing it correctly, rather than trying to avoid probate and possibly messing up your case.

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Answered on 6/02/05, 4:10 pm


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