
Small Estate Affidavit
A faster, lower-cost path for smaller estates with no will that meet the Texas value thresholds.
Is This the Right Option for You?
Check the list below. If it fits, you can start today. We confirm everything in your intake call.
Not sure? Take the 2-minute quiz or compare all prices.
Due today, when you sign up$595
Paid before attorney review$300
Paid before filing, directly or through us at costabout $400
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
What We Handle
We confirm the estate qualifies, the system fills in the affidavit from our template, our probate specialists coordinate heir and witness signatures, and a Texas attorney reviews and files it for court approval.
- 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
- Building the small estate affidavit from our template
- Coordinating witness and heir signatures and notarization
- Filing with the court and seeking approval
- Recording the approved affidavit if a homestead is involved
Think a Small Estate Affidavit Might Work?
Buy the Small Estate Affidavit service online. We confirm the estate qualifies in your intake call. Because we start preparing the affidavit straight away, this service is not covered by the 3-business-day evaluation period. Not sure this is the right option? Take the 2-minute quiz.
