Small estate affidavit
A faster, lower-cost path for smaller estates with no will that meet the Texas value thresholds.
A streamlined option for smaller estates
A small estate affidavit is a Texas procedure for modest estates where the person died without a will. When the estate qualifies, heirs can collect and transfer assets using a sworn affidavit approved by the court — without a full administration.
It’s designed to keep simple estates simple, sparing families the time and expense of a formal probate when the numbers and circumstances allow.
Eligibility — and what we handle
This path has specific requirements: no will, estate value within the Texas threshold (excluding the homestead and certain exempt property), and assets that exceed known debts. We assess eligibility first, then assemble the paperwork and walk you through signing and filing.
What’s involved
- Confirming there is no will and the estate qualifies
- Checking the estate value against the Texas threshold
- Identifying all heirs and their shares under Texas law
- Listing assets, debts, and exempt property
- Preparing the small estate affidavit
- Coordinating witness and heir signatures and notarization
- Filing with the court and obtaining approval
Is it the right fit?
When an estate qualifies, a small estate affidavit is one of the quickest and least expensive ways to settle it. But the thresholds and conditions are strict, and it can’t be used to transfer most real property other than a homestead to surviving heirs.
If the estate is too large, has a will, or holds assets this can’t reach, we’ll guide you to full administration or another alternative that fits.
Think a small estate affidavit might work?
Reach out for a free, no-obligation consultation. We’ll check eligibility and, if it fits, handle the paperwork from start to finish.