Small Estate Affidavit Thresholds & Procedure in Texas

At a glance

Texas rule

Texas allows an intestate decedent's distributees to use a court-approved small estate affidavit if 30 days have passed since death, no personal representative petition is pending or granted, and the qualifying assets do not exceed $75,000. The heirs file a sworn affidavit with the proper court clerk; the judge examines and may approve it (§§ 205.001–.003).

Requirements one by one

Governing law and dollar threshold

Texas Estates Code §§ 205.001-205.009 governs. Section 205.001(3) measures the value of estate assets on the affidavit date, excluding homestead and exempt property, against a $75,000 ceiling. It does not subtract debts to calculate that ceiling. A separate opening clause permits the shortcut only to the extent those assets exceed known liabilities, excluding liabilities secured by the homestead or exempt property. Both tests must be met.

Court filing and waiting period

At least 30 days must elapse after death, and no petition to appoint a personal representative may be pending or granted (§ 205.001(1)–(2)). The affidavit must be filed with the clerk of the court with jurisdiction and venue; a judge must examine it and may approve it if it meets the chapter's requirements (§ 205.003). Distributees must then give a court-certified copy to people holding estate assets or owing the estate money (§ 205.004).

Will, real property, and signatures

The decedent must have died intestate (§ 205.001). Apart from a homestead that is the estate's only real property, Chapter 205 does not transfer title to real property (§ 205.008(b)). To transfer that homestead, record the affidavit in the county deed records (§ 205.006(a)). Two disinterested witnesses and every distributee with legal capacity must swear to the affidavit; a minor's or incapacitated distributee's guardian or next of kin may also need to do so (§ 205.002(a)(1)). It must list known assets and liabilities and the heirs and their family history (§ 205.002(a)(3)).

Holder protection and signer liability

A person who transfers property under the affidavit is released as if the transfer had been made to a personal representative, without having to check the affidavit's truth or how the property is used. A signer remains liable for loss caused by reliance on it (§ 205.007(a)-(c)).

What trips people up

The $75,000 ceiling is an asset-value test. Debts do not reduce the asset value for that ceiling, though the separate asset-versus-liability requirement still applies. The affidavit needs judicial approval. A signed form alone does not satisfy § 205.001(5). A second parcel prevents homestead transfer through this procedure. Section 205.006(a) requires that the homestead be the estate's only real property.

Statutes and sources

• Tex. Estates Code §§ 205.001–.004, .006–.008, current official chapter: https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm (accessed 2026-10-07).