What are Texas’s small estate affidavit rules?
Estates Code section 205.001 covers estates of people who died without a will. The assets, leaving out the homestead and exempt property, must be worth $75,000 or less on the date of the affidavit and more than the known debts. Thirty days must have passed, with no petition for a personal representative pending or granted. The limit has been $75,000 since September 1, 2017.
Sources: Texas Estates Code chapter 205, Small Estate Affidavit, checked October 19, 2026; H.B. 2271, 85th Legislature, enrolled version, checked October 19, 2026; Texas Estates Code chapter 203, Nonjudicial Evidence of Heirship, checked October 19, 2026; Forms, checked October 19, 2026.| Rule | Texas |
|---|---|
| Dollar limit | $75,000, not counting the homestead and exempt property. Assets must exceed known debts |
| Who can use it | Only when the person died without a will |
| Waiting period | 30 days after the death, with no petition for a personal representative pending or granted |
| Where it goes | Filed with the clerk of the court with probate jurisdiction. A judge must approve it. Then certified copies go to banks and other holders |
| Official form | No statewide court form on the Texas Judicial Branch’s forms page. The county clerk can say which form the court accepts |
| Signing | Sworn by each heir with legal capacity and two disinterested witnesses |
| Real estate | Only the homestead, when it’s the only real estate, and the affidavit is then recorded in the county deed records |
What will Kin Papers fill in for Texas?
Kin Papers is building a Texas file that fills in the small estate affidavit, with its asset, debt and family history sections, from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated deadline tracker. It won’t file anything for you or give legal advice.
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What does a Texas small estate affidavit have to include?
Estates Code section 205.002 requires:
- A list of all known assets and debts, marking which assets are claimed as exempt.
- The name and address of each heir.
- The family history facts that show each heir’s right to a share.
Everyone who signs is personally responsible for any loss caused by a payment made in reliance on the affidavit, and a bank or holder that pays on an approved, certified copy is released.
How does the court process work?
The affidavit is filed with the clerk of the court that has jurisdiction over the estate, usually in the county where your parent lived. The judge examines it and may approve it if it meets the statute. Once approved, the clerk keeps it in the county records, and the family gives a clerk-certified copy to each bank, debtor or other holder. Chapter 205 mentions only “the legal recording fee” and leaves fee amounts to each county.
Where do you get the form?
The Texas Judicial Branch forms page doesn’t list a statewide small estate affidavit. The county clerk can say which form the court accepts.
What is an affidavit of heirship, and how is it different?
An affidavit of heirship is a separate sworn family history under Estates Code chapter 203, recorded in the county deed records and often used for real estate. It doesn’t need a judge and isn’t limited to estates without a will in the same way. The Texas affidavit of heirship page explains it.
What if there’s a will or the estate is over $75,000?
Then the small estate affidavit isn’t available. Texas has other court procedures, such as muniment of title or independent administration, which the county clerk can describe and a lawyer can advise on.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Texas Estates Code says, with links to it. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Texas
What is the Texas small estate affidavit limit?
$75,000, measured on the date of the affidavit and not counting the homestead or exempt property that could be set aside under Estates Code section 353.051. H.B. 2271 raised it from $50,000 effective September 1, 2017.
Can you use a Texas small estate affidavit if there’s a will?
No. Chapter 205 applies only when the person died without a will, and section 205.008 says it doesn’t affect property passing under a will.
Does a judge have to approve a Texas small estate affidavit?
Yes. Under sections 205.001 and 205.003, the affidavit is filed with the clerk of the court that handles the estate, and the judge examines it and may approve it. The family then gives a clerk-certified copy to each bank or other holder.
Who has to sign a Texas small estate affidavit?
Section 205.002 requires it to be sworn by two disinterested witnesses and by each heir who has legal capacity, plus a guardian or next of kin for an heir who is a minor or incapacitated, when the facts call for it.
Can a house pass by small estate affidavit in Texas?
Only the homestead, and only when it’s the only real estate in the estate. Then the approved affidavit must be recorded in the deed records of the county where the homestead is (section 205.006).