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 under Chapter 205 of the Estates Code for modest estates where the person died without a will. When the estate qualifies, the heirs can collect and transfer assets using a sworn affidavit that the court approves — without opening a full administration.
It’s designed to keep simple estates simple, sparing families the time and expense of formal probate when the numbers and circumstances allow. Once approved, heirs can collect property directly from banks and other institutions, and if a homestead is involved, a copy is recorded in the property records to clear title.
$75,000
Asset ceiling, excluding homestead & exempt property
No Will
Used when there is no valid will
Ch. 205
Texas Estates Code authority
Does the Estate Qualify?
The requirements are specific, and all of them must be met before pursuing this route.
No Will, All Heirs Agree
There must be no will, no one already applying for administration, and agreement among all the heirs about how the estate passes.
Within the Value Limit
Total assets must be $75,000 or less, not counting the homestead or exempt property — and there must be enough to cover the estate’s debts.
No Real Property
Other than a homestead passing to a surviving spouse or minor children, the estate can’t include real property. Courts may also have local rules to follow.
What We Handle
You assemble the forms and follow the instructions for signing through to filing — right through to court approval, and your attorney handles the rest.
- Confirming there is no will and the estate qualifies
- Checking total assets against the $75,000 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 seeking approval
- Recording the approved affidavit if a homestead is involved
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 generally can’t transfer 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, an affidavit of heirship, or another alternative that fits — and handle it from there.
Think a Small Estate Affidavit Might Work?
Check with your probate attorney to see if this works and, if it fits, we provide tools for you to handle the paperwork from start to finish.