Q: what is difference in probate codes 137 and 205. how do I determine which one to use for affidavit?
My father passed and I am the sole heir and his only child. His estate is less than $30,000.00 excluding the homestead and exempt property. I want to do a small estate affidavit but I am not sure if I use probate code 137 or 205? Which one would be appropriate in my case. I live in McLennan County, Texas.
A: Small Estate Affidavits presently employ Chapter 205 of the Texas *Estates* Code. Chapter 137 of the Probate Code is no longer in effect, having been replaced by Chapter 205 the Estates Code. I would talk to either the probate court or a local attorney to find out any local idiosyncrasies as I know some probate judges are hesitant to grant them in certain situations, even if the requirements of the Estates Code are met.
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