Texas Small Estate Affidavit Explained

For smaller, simpler estates, Texas offers a real, well-defined alternative to full probate.

What is the small estate affidavit threshold in Texas?

A Texas small estate affidavit is available for estates with no more than $75,000 in probate assets - a figure set by the Texas Estates Code (§205.001) that the legislature can adjust over time. It’s worth confirming with an attorney or the local court that this figure is still current for anything close to the line.

What doesn’t count toward the $75,000 limit?

The deceased’s homestead is excluded entirely from the $75,000 calculation, regardless of its value - a meaningful exclusion, since a family could qualify even if they owned a substantial home outright, as long as other assets stay under the cap. Other exempt property, and assets that already pass outside probate - payable-on-death accounts, life insurance with a named beneficiary, retirement accounts, and property held with right of survivorship - also don’t count.

What are the key requirements? Does this work if there’s a will? Is there a waiting period?

• The deceased must not have left a valid will - if there’s a will, a different process called Muniment of Title may offer a faster path than full probate instead
• There’s generally a 30-day waiting period after the death before the affidavit can be filed
• All distributees (heirs) named in the affidavit generally must sign it

Where is it filed, and how much does filing cost?

The affidavit is filed with the County Court at Law or Statutory Probate Court in the county where the deceased lived. Court filing fees generally run somewhere in the range of $250 to $400, varying by county.

What must the affidavit say, and does a judge have to approve it?

Yes, a judge is involved. Under Texas Estates Code Chapter 205, the affidavit is filed with the court clerk and must be approved by the court, and it is sworn to by the distributees and two disinterested witnesses. County probate courts’ standard forms also have the affiant state that the estate’s assets, excluding the homestead and exempt property, exceed its known liabilities, and whether the decedent applied for and received Medicaid benefits on or after March 1, 2005. Check your county court’s form, since counties publish their own.

What if the estate doesn’t qualify?

If an estate includes real property beyond a homestead, or exceeds $75,000 in probate assets, the small estate affidavit process generally isn’t available - see our guide on how probate works in Texas, including the state’s independent administration option, which is often faster than full probate even when the small estate affidavit isn’t an option.

Texas law can change, including this specific dollar threshold. This is general educational information, not legal advice - confirm current requirements directly with a Texas-licensed attorney or the local probate court.