Texas Small Estate Affidavit: Complete Guide
Transfer assets without full probate for estates under $75,000
Based on Texas Estates Code Chapter 205
What is a Small Estate Affidavit?
A Texas small estate affidavit allows you to transfer a deceased person's assets without going through full probate court. This simplified process is available for estates meeting certain value thresholds.
Texas Small Estate Options
| Option | Estate Limit | Filing Fee | Timeline | Real Estate |
|---|---|---|---|---|
| Small Estate Affidavit | Under $75,000 (no will) | $300-$400 | 6-8 weeks | Not Allowed |
| Affidavit of Heirship | Any (real estate only) | $50 recording | 1-2 weeks | Allowed |
| Muniment of Title | Any (will, no debts) | $300-$400 | 1-3 months | Allowed |
Eligibility Requirements
No Will
The deceased must have died WITHOUT a valid will. If there is a will, you cannot use this procedure.
Estate Value Limit
Total value of estate property (excluding homestead and exempt property) must be $75,000 or less.
Assets Exceed Debts
Estate assets must be sufficient to pay all debts (except homestead liens) with property remaining for distribution.
30-Day Waiting Period
At least 30 days must have passed since the date of death.
All Heirs Must Sign
Every person entitled to inherit under Texas intestacy laws must sign the affidavit.
Two Disinterested Witnesses
Two witnesses with no financial stake who knew the deceased must sign attesting to family facts.
Homestead Restriction
Homestead can only pass to surviving spouse or minor children who lived there.
Texas Small Estate Affidavit is only available when there is NO will. If there is a will, consider Muniment of Title instead.
⚠️ Finding Two Disinterested Witnesses
Texas requires two witnesses who: (1) Knew the deceased AND their family history, (2) Have NO financial interest in the estate, (3) Are NOT receiving any inheritance, and (4) Can attest to facts about the family. This is often the hardest part of the process. Consider neighbors, coworkers, or longtime friends who knew the family but are not beneficiaries.
Note: Filing fees vary by county (typically $300-$400). Contact your county clerk for exact fees.
Step-by-Step Process
Wait 30 Days After Death
Texas law requires at least 30 days to pass after the date of death before filing a small estate affidavit.
Confirm Eligibility
Verify: (1) deceased had NO will, (2) estate value (excluding homestead and exempt property) is under $75,000, (3) estate assets exceed debts excluding homestead liens.
Identify All Heirs
Determine all legal heirs under Texas intestacy laws. ALL heirs must be identified and sign the affidavit.
Gather Required Documents
Certified death certificate, list of all assets with values, proof of debts owed, identification for all heirs.
Find Two Disinterested Witnesses
Texas requires two witnesses who knew the deceased, can attest to family history, and have NO financial interest in the estate.
Complete and Notarize Affidavit
Fill out the Small Estate Affidavit form. All distributees (heirs) AND both disinterested witnesses must sign before a notary.
File with Probate Court
Submit the affidavit to the county probate court where the deceased lived. Pay the filing fee ($300-$400).
Court Review and Approval
Judge reviews the affidavit. No court hearing is typically required. Approved affidavit is returned within 7-14 days.
Distribute Assets
Use certified copies of the approved affidavit to claim assets from banks, transfer vehicle titles, and record homestead transfer.
Find Your County's Resources
Many Texas county courts have self-help centers that can assist with small estate procedures.
Browse Texas CountiesFrequently Asked Questions
What is the small estate limit in Texas?
The limit is $75,000 in estate value, excluding homestead property and exempt personal property (up to $100,000 for a family or $50,000 for a single adult).
Can I use a small estate affidavit if there is a will?
No. Texas Small Estate Affidavit is ONLY available when the deceased died WITHOUT a will (intestate). If there is a will, consider Muniment of Title or Independent Administration instead.
Do I need an attorney for Texas small estate affidavit?
No, Texas law does not require an attorney. However, the process requires careful attention to detail, especially identifying all heirs and finding qualified disinterested witnesses.
How long does the small estate affidavit process take?
After the 30-day waiting period, the court typically reviews and approves the affidavit within 7-14 business days. Total time is usually 6-8 weeks.
What if one heir refuses to sign?
ALL heirs must sign the affidavit. If any heir refuses, you cannot use this procedure and must file for formal probate administration.
Can the small estate affidavit transfer the house?
Only the homestead can be transferred, and only to a surviving spouse or minor children who were living there at the time of death. Other real property requires formal probate.
What is exempt property in Texas?
Texas law exempts certain personal property from creditors: home furnishings, tools of trade, vehicles, and other items up to $100,000 for a family or $50,000 for a single adult. This property is not counted toward the $75,000 limit.
Not Sure If You Qualify?
Take our free assessment to determine if small estate procedures are right for your situation.
Take Free AssessmentSources & Verification
Legal Authority: Texas Estates Code Chapter 205
Last Verified: January 2026
Filing fees vary by county
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.