[TX] How do I use a small estate affidavit to assume property in another state?
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The heirs to the property in the small estate have to sign the small estate affidavit and then assign the interest to you. The title goes from the deceased to them with the affidavit, then to you. Where it’s notarized isn’t a problem. A small estate affidavit can be notarized in any state, according to the Full Faith and Credit Clause of the U.S. Constitution.
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Hi, I just filled out a small estate affidavit. My brother-in-law passed away in Culberson County, Texas (Van Horn) on February 14, 2024. His two sons, the heirs, don’t want his pickup truck and trailer, but are letting me take over payments so I can buy and own them. The form says they are the heirs and that I need to sign this in Texas. I live in Minnesota. What do I do?
I’m sorry to hear about your brother-in-law. Have you consulted with an estate lawyer in Texas regarding this affidavit?
Yes, but it's too much money.
Are you looking to transfer ownership of the pickup truck and trailer from your brother-in-law’s sons to yourself legally?
Yes.
Is there anything else the lawyer should know before I connect you?
Nothing else. I just want to know if I can fill this affidavit out in Minnesota, even though my brother-in-law died in Texas. The truck and trailer are with me.
Hello! My name is Stephen, and I’m an attorney. Sorry for your loss. We can work through this.
Sounds good, Stephen. Can you work on this with me now?
The heirs to the property in the small estate have to sign the small estate affidavit and then assign the interest to you. The title goes from the deceased to them with the affidavit, then to you. Where it’s notarized isn’t a problem. A small estate affidavit can be notarized in any state, according to the Full Faith and Credit Clause of the U.S. Constitution.
So the kids need to sign it?
Yes, all heirs must sign the affidavit (or someone with legal authority on their behalf).
Do I still use the small estate affidavit?
Yes, that works. It’s still a small estate, but you need the heirs. The DMV should allow it once it’s filed.
Okay, thanks. Next question: the kids will sign the affidavit and they’re adults. How do they transfer their right of heirship to me or my wife?
The heirs to the estate can’t transfer “heirship,” but they can transfer title. Think of it like follow the bouncing ball: deceased → heirs → you. They can sign directly to you under the affidavit to save a step.
Who do I turn the affidavit into? The Minnesota courts?
No—Texas. Minnesota has nothing to do with it. File it in Texas, mail if needed.
Got it. So the small estate affidavit must be filed in Texas, then the heirs get the titles and sign them over to me.
Correct. File it, keep a copy, and use it with the DMV for title transfer.
The trailer is tricky because it’s not paid off. The lender won’t talk unless they have the affidavit. Can I add language so it shows I can own it outright?
Yes, you can attach an extra page saying so. Lenders have their own hoops, but an attachment works.
Okay, so the affidavit + attachment signed by the heirs = lender and DMV should work, even though I’m not blood.
Exactly.
The affidavit says it must be signed before a Texas notary. Can I notarize it in Minnesota?
The heirs are the ones signing. They can notarize in any state. Notaries only confirm identity, not document content.
The heirs live in Idaho and Virginia.
That’s fine. They’ll each sign and notarize separately.
Wow, okay. So if I get the small estate affidavit filled out, notarized by the heirs, and attach a document giving me ownership rights, we should be good with the lender and DMV.
Correct. It’s a process, usually 60–90 days, but much faster than probate.
Wow, thanks for all the great help, Stephen.
My pleasure. Take care now.
