Texas Small Estate Affidavit: Complete Guide
Transfer assets without full probate for estates meeting Texas's small-estate limits.
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.
Do you qualify?
- Qualifying threshold
- $75,000 (excluding homestead and exempt property)Texas Small Estate Affidavit is only available when there is NO will. If there is a will, consider Muniment of Title instead.
- Waiting period
- 30 days
- Court filing fee
- $300-$400 (varies by county)
- Attorney
- Not typically needed
- Real estate
- Allowed in limited circumstancesHomestead can transfer to surviving spouse or minor children who resided there. Other real property generally cannot transfer via Small Estate Affidavit.
Main 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.
Available Small-Estate Options
Small Estate Affidavit
- Limit
- Under $75,000 (no will)
- Real Estate
- Not included
- Timeline
- 6-8 weeks
- Typical Fee
- $300-$400
Affidavit of Heirship
- Limit
- Any (real estate only)
- Real Estate
- Can be included
- Timeline
- 1-2 weeks
- Typical Fee
- $50 recording
Muniment of Title
- Limit
- Any (will, no debts)
- Real Estate
- Can be included
- Timeline
- 1-3 months
- Typical Fee
- $300-$400
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.
Step-by-Step Process
Wait 30 Days After Death
Covered in the "Do you qualify?" checklist at the top of this page.
Confirm Eligibility
Covered in the "Do you qualify?" checklist at the top of this page.
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.
County Note: Filing fees vary by county (typically $300-$400). Contact your county clerk for exact fees.
FAQ: Texas Small Estate Affidavit
What is the small estate limit in Texas?
Can I use a small estate affidavit if there is a will?
Do I need an attorney for Texas small estate affidavit?
How long does the small estate affidavit process take?
What if one heir refuses to sign?
Can the small estate affidavit transfer the house?
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.