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TX · County Court at Law / Statutory Probate Court

Texas

Small-estate-affidavit threshold and procedure under Tex. Est. Code § 205.001.
Verified 2026-05-04Threshold band: mid

Personal property

$75,000

statutory cap

30-day wait

Excludes homestead and exempt property.

01

Who is eligible to file

The Texas small estate affidavit is only for a decedent who died without a will (Tex. Est. Code § 205.001). Each distributee of the estate who has legal capacity, as an heir or assignee, swears to it together with two disinterested witnesses (§ 205.002). Distributees can include:

  • Surviving spouse
  • Children, and the descendants of a child who died before the decedent
  • Parents, siblings and other kindred, in the order set by Texas intestate succession (Estates Code ch. 201)
  • For a minor or incapacitated distributee, the natural guardian, next of kin or guardian swears to it, where the facts warrant

If the decedent left a will, the small estate affidavit is not available. The will goes through probate, or the court may admit it to probate as a muniment of title when the estate owes no unpaid debt other than debt secured by a lien on real estate, or there is otherwise no need for administration. See Tex. Est. Code ch. 205; Tex. Est. Code ch. 257.

02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property

Passes by right of survivorship.

Community property w/ ROS

Vests in surviving spouse.

Beneficiary-designated

Life insurance, IRAs, 401(k)s.

TOD / POD accounts

Bank, brokerage, vehicle titles.

Living trust assets

Distributed by the trust, not the will.

Wages owed to surviving spouse

Often a separate path.

State note: Excludes homestead and exempt property.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.

Real property

Homestead only — when it is the only real property

Homestead and exempt property are excluded from the $75K cap. The affidavit can transfer title to the homestead only when the homestead is the only real property in the estate, and it must then be recorded in the deed records of the county where the homestead is located (§ 205.006). Otherwise the affidavit does not transfer title to real property (§ 205.008).

03

Where to file

File with the County Court at Law / Statutory Probate Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Texas judicial system operates an authoritative court locator.

Find your county’s County Court at Law / Statutory Probate Court via the Texas judicial council website. Search for “Texas County Court at Law / Statutory Probate Court county locator” or visit the state government court directory.

04

Form & statute

Form

  • Small Estate Affidavit

Statute

Tex. Est. Code § 205.001
https://texas.public.law/statutes/tex._est._code_section_205.001
small-estate affidavit