Small estate affidavit in Texas (2026)

Texas at a glance

Affidavit cap

$75,000

Value counted

Gross value (debts not subtracted)

Waiting period

30 days

If there is a will

Can't be used (only when there is no will)

File with a court

Yes

Real estate

Can be included (see the rule)

Court shortcut

Probate of will as muniment of title (ch. 257) / summary proceedings for small estates (ch. 354)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Texas

Say a parent who lived in Texas died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Texas

• The affidavit. The distributees file a sworn affidavit with the clerk of the probate court; once the judge approves it, they give court-certified copies to anyone who owes the estate money or holds estate property, who must pay or deliver it.
• Cap. Non-homestead, non-exempt estate assets must not exceed $75,000.
• What counts. The value of the estate assets on the affidavit date, excluding homestead and exempt property. Estate assets must also exceed known liabilities (other than debts secured by homestead/exempt property).
• What doesn't count. The homestead and exempt property eligible to be set aside under § 353.051; non-probate assets.
• Waiting period. Thirty days must have passed since the date of death.
• Conditions. Only for a decedent who died without a will; the chapter does not affect property under a will. No petition for a personal representative may be pending or granted. The judge must approve the affidavit. It lists all known assets (marking those claimed exempt) and liabilities, each distributee's name and address, and family history showing heirship.
• Who can sign. Sworn to by two disinterested witnesses, each distributee with legal capacity, and, if needed, the guardian or next of kin of a minor or incapacitated distributee.
• Court filing. Filed with the clerk of the court with jurisdiction and venue and approved by the judge (some counties require a hearing); the approved affidavit is kept as a local government record or recorded in the clerk's Small Estates book on payment of the recording fee.
• Fee. A county filing fee applies in every Texas county (TexasLawHelp: typically a few hundred dollars; check with the court clerk); recording in the Small Estates book requires the legal recording fee.

Houses, land and vehicles

• Real estate. Only a homestead can pass by the affidavit, and only if it is the decedent's only real property; the homestead must be one eligible to be set aside under Estates Code 353.051 (in practice, passing to the surviving spouse or minor children who lived there). The affidavit must be recorded in the deed records of the county where the homestead is. Other land is not transferred by the affidavit.
• Vehicles. Heirs may title a vehicle with TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) when there is no administration and none is needed.

When the affidavit isn't enough

With a will, the court may admit it as a muniment of title (no administrator) if the estate owes no unpaid debt other than debts secured by real estate liens, or administration is otherwise unnecessary. Inside an administration, ch. 354 lets the court close quickly when the estate (excluding homestead, exempt property and family allowance) does not exceed Class 1-4 claims. Neither has a fixed dollar cap.

Good to know in Texas

• Each person who signs the affidavit is liable for damage or loss caused by a payment or transfer made in reliance on it (§ 205.007(c)).
• A bona fide purchaser may rely on a recorded homestead affidavit; an undisclosed heir can recover from heirs who were paid (§ 205.006(b)-(c)).
• The official statutes site is current through the 89th Legislature, 2nd Called Session (2025); Texas held no regular session in 2026.
• Many county courts publish their own small estate affidavit forms or checklists, and some courts will not approve an affidavit if any heir is a minor (TexasLawHelp).

Official help and forms

• Texas official self-help on small estates
• Texas small-estate form

Sources

• Texas Estates Code ch. 205 (statutes.capitol.texas.gov) (read October 23, 2026)
• Texas Estates Code ch. 257 (muniment of title) (read October 23, 2026)
• Texas Estates Code ch. 354 (summary proceedings) (read October 23, 2026)
• TxDMV Form VTR-262 Affidavit of Heirship for a Motor Vehicle (read October 23, 2026)
• TexasLawHelp.org, Order Approving Small Estate Affidavit (read October 23, 2026)
• texas realEstate (verifier A) (read October 23, 2026)
• TexasLawHelp.org, Small Estate Affidavit form (Oct 2017) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.