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The Denton County Probate Court's instructions for small estate affidavits under Estates Code chapter 205 (revised Sept. 1, 2017; the companion standing order of July 9, 2024 mandates the form): use the court's SEA form or one in substantial compliance; request a posted citation from the County Clerk, and the affidavit is not approved until the first Monday after ten days' posting; file an original certified death certificate separately with the first digits of the SSN redacted; not filed within 30 days of death, in the county of the decedent's residence, no will and no pending or needed administration; list every asset with detail (VINs, last four account digits, legal descriptions), show total assets of $75,000 or less excluding homestead and exempt property, characterize community and separate property, allege exempt status, list every liability including attorney's fees, be solvent, state whether Medicaid was received after March 1, 2005 and list the MERP claim or file a certification, state the family history and each distributee's shares in all three property types (an 'NA' for separate property is rejected), be signed and sworn by every distributee with capacity (guardians for minors, whose shares go into the registry or to a guardian of the estate) and by two disinterested witnesses who can swear to all facts, and include the § 205.007(c) liability acknowledgment; the court may require a hearing.
Texas > Denton County > Probate Courts Nos. 1 and 2 — applicants and counsel filing small estate affidavits.
"1. Use the SEA form on the Denton County Probate Court's website. The Court requires that applicants use the SEA form that is available on the Court's website or a form in substantial compliance with its contents, effective September 1, 2017. … 2. Citation. The Court requires notice be given through service by posting Citation. The County Clerk requires submission of a Citation Request form … 3. The SEA will not be approved until the first Monday after the Citation has been posted for ten (10) days. 4. Death Certificate. Each Small Estate Affidavit filed must have an ORIGINAL CERTIFIED CERTIFICATE OF DEATH filed separately, with the FIRST FIVE (6) digits of the deceased's SSN redacted (XXX-XX-X234). 5. Cannot be filed within 30 days of Decedent's death. … 6. No Will. By statute, an SEA cannot be used where Decedent left a will. … 7. No Administration. … 8. Assets. • List everything. … • Limited estate. The SEA must show that the total assets of the estate are $75,000 or less, not including the homestead (see below) and exempt property. • Provide sufficient detail. … include VIN numbers for cars and include the last four digits of any account numbers. • If Decedent was married at the date of death you must provide the following information: 1. State whether each asset was Decedent's community property or Decedent's separate property. 2. For each asset, give the facts that explain why the asset was community or separate property. • Exempt property. If you are claiming that an asset is exempt property, allege the exempt status in the 'additional information' column on the SEA form. • Real property: must include the legal description and street address of the property. 9. Liabilities. • List everything. … As one of the liabilities, the SEA must list any attorney's fees paid or to be paid for preparation of the Affidavit. … 10. Solvent. The total of the known assets (not including the homestead and exempt property) must exceed the total known liabilities … 11. Medicaid. The SEA must indicate whether the Decedent applied for and/or received Medicaid benefits on or after March 1, 2005. If so, Applicant must either (1) list as a liability the amount owed to Medicaid or (2) file a Medicaid Estate Recovery Program (MERP) certification that Decedent's estate is not subject to a MERP claim or (3) include additional information proving that a MERP claim will not be filed. 12. Family history. The SEA must state the facts about Decedent's marital and family history in sufficient detail that it is clear who inherits Decedent's property and heir's shares under Texas law. … 13. Correct inheritance shares. … • If Decedent was married at the date of death, the SEA must state the shares of each Distributee in all three types of property: separate personal property, separate real property, and Decedent's share of the community property. … Failure to provide for a division of Separate Personal and Real Property or putting 'NA' in those categories will result in rejection of your SEA. … 14. Signed and sworn to by all Distributes. Each Heir at law who has legal capacity must sign and swear to the Affidavit before a notary. … • If there is a minor or incapacitated heir their share must be deposited in to the registry of the Court or they must have a Guardian of their Estate, before the Court will approve the SEA. 15. Sworn to by two disinterested witnesses: Two disinterested witnesses must each sign and swear to the Affidavit before a notary must include printed name and addresses. These witnesses must be able to swear to all of the facts included in the SEA, not only the family history facts. … 16. Each person signing the SEA as an affiant must acknowledge their potential liability by including this statement in their attestation 'I understand that Estates Code §205.007(c) provides that each person who executes this affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.' 17. Possible hearing. The Denton County Probate Court may require a hearing before an SEA will be approved. If a hearing is needed, the Court will contact you to set a hearing."
"1. Use the SEA form on the Denton County Probate Court's website. The Court requires that applicants use the SEA form that is available on the Court's website or a form in substantial compliance with its contents, effective September 1, 2017. … 2. Citation. The Court requires notice be given through service by posting Citation. The County Clerk requires submission of a Citation Request form … 3.
Reviewer note: Own-site document (text layer, 11 pp, 16,641 chars) read in full 2026-09-06 (instruction pages 1–4 quoted verbatim with abridgements; pages 5–11 are the court's affidavit form and are not quoted); dated 'revised 9.01.2017'; the registered standing order of July 9, 2024 (tx-denton-topics-2715-…) requires substantial compliance with this form — this rule carries the instruction content the order incorporates. Joint probate-court instrument → county-level rule (court-less). Composed benchpath-ajr8-denton (own-site lane).
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.