What is the small estate limit in Texas?

Texas allows a small estate affidavit when the estate is worth $75,000 or less, not counting the homestead and exempt property, under Estates Code Chapter 205.

Can I use a small estate affidavit if there is a will?

No. The Texas small estate affidavit is only for someone who died without a valid will. If there is a will, you probate it or use a muniment of title instead.

Does a judge have to approve it in Texas?

Yes. Unlike states where you hand an affidavit to a bank, Texas requires you to file it with the probate court, and a judge must sign an order approving it before it takes effect.

How long do I have to wait after the death?

At least 30 days must pass from the date of death before you can file the small estate affidavit with the court in Texas.

Can the affidavit transfer a house in Texas?

Only the homestead. The Texas small estate affidavit can transfer the decedent's homestead to a surviving spouse or minor children, but no other real estate.

Texas Small Estate Affidavit: How It Works and Who Qualifies

General information, not legal advice. Texas probate rules and county practices change, and courts can require extra documents. Confirm the current requirements with the probate court in the decedent's county before filing.

The Texas rule in brief: if someone dies in Texas with no will and an estate worth $75,000 or less, you can skip regular probate with a small estate affidavit, but only after a judge signs off on it. Two features catch people out here: there must be no will at all, and the court, not a bank, is the one that approves the affidavit.

Check if a Texas estate qualifies ↓

How the Texas small estate affidavit works

In Texas, the small estate affidavit is a court filing, not a form you take to the bank. You prepare the affidavit under Estates Code Chapter 205, all the heirs and two disinterested witnesses sign it before a notary, and then you file it with the probate court in the county where the person lived. A judge reviews it, and only once the judge signs an order approving the affidavit does it have any legal power to transfer assets. That judicial step is the big difference from states like California, and it is why the Texas process feels closer to a mini probate than to a simple sworn statement. Filing fees vary by county but commonly land in the few-hundred-dollar range.

Who qualifies, and the no-will rule

The Texas small estate affidavit is strictly for people who died intestate, meaning without a valid will. This is the single most common reason affidavits get rejected: the family has a will, assumes the affidavit is just the quick route, and files it anyway. If there is a will, the correct path is to probate it or, where it fits, use a muniment of title, which is a separate Texas procedure. Beyond the no-will requirement, every heir has to be identified and has to sign, the estate's assets must exceed its known debts, and no application for a formal administration can be pending or already granted. Miss any of these and the judge will not approve the affidavit.

The $75,000 limit and what it leaves out

The dollar cap is $75,000, but the number is friendlier than it first looks because of what you get to exclude. The homestead does not count toward the limit, and neither does exempt property, the protected items like a vehicle, household furnishings, and tools of a trade that Texas shields from creditors. So a family whose main assets are the house, a car, and a modest bank account can often come in under $75,000 even when the total looks larger on paper. Value everything at the date of death, subtract the homestead and exempt property, and compare what remains to the cap. If you land above it, the affidavit is off the table and a determination of heirship becomes the usual next move.

The homestead exception

Real estate and small estate affidavits usually do not mix, and Texas is mostly no different, with one carve-out worth knowing. The affidavit cannot transfer investment property, a second home, or land in general. It can, however, transfer the decedent's homestead, and only the homestead, to a surviving spouse or minor children. That makes the Texas affidavit genuinely useful for the classic case of a surviving spouse who needs to clear title to the family home after an intestate death. For any other real property, you are back to probate. This is also why families sometimes pair the affidavit with an affidavit of heirship, which is the tool built for passing other real estate outside probate.

Texas small estate questions

What is the small estate limit in Texas?: Texas allows a small estate affidavit when the estate is worth $75,000 or less, not counting the homestead and exempt property, under Estates Code Chapter 205.
Can I use it if there is a will?: No. It is only for someone who died without a valid will. With a will, you probate it or use a muniment of title instead.
Does a judge have to approve it?: Yes. Unlike states where you hand an affidavit to a bank, Texas makes you file it with the probate court, and a judge must sign an order approving it.
How long do I wait after the death?: At least 30 days must pass from the date of death before you can file the affidavit with the court.
Can it transfer a house?: Only the homestead, to a surviving spouse or minor children. No other real estate can pass through the affidavit.

Written by the Trámites Notariales US editorial team, based on Texas Estates Code Chapter 205 and county probate practice. Verify current rules with the probate court in the decedent's county.