Personal property
$75,000
statutory cap
30-day wait
Excludes homestead and exempt property.
TX · County Court at Law / Statutory Probate Court
Texas
Small-estate-affidavit threshold and procedure under § Tex. Est. Code § 205.001.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Texas's intestate-succession statute, in the absence of the above
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
Eligible — included in calculation
Homestead excluded from $75K cap but SEA conveys homestead title to heirs when other requirements met.
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_205.001small-estate affidavit