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The small estate affidavit in Texas

Where Texas law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Texas; nothing on this page decides it.

Every fact dated, in the official words
Each state’s own law

Every quotation checked October 11, 2026

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The conditions for using the affidavit

The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative … if: (1) 30 days have elapsed since the date of the decedent's death; (2) no petition for the appointment of a personal representative is pending or has been granted;
(3) the value of the estate assets on the date of the affidavit …, excluding homestead and exempt property, does not exceed $75,000;
(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate; (5) the judge approves the affidavit as provided by Section 205.003; and (6) the distributees comply with Section 205.004.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §205.001

The official page: Texas Legislature: Estates Code §205.001

What the affidavit must say, and who swears to it

be sworn to by: (A) two disinterested witnesses; (B) each distributee of the estate who has legal capacity; and (C) if warranted by the facts, the natural guardian or next of kin of any minor distributee…
include: (A) a list of all known estate assets and liabilities; (B) the name and address of each distributee; and (C) the relevant family history facts concerning heirship…
(b) A list of all known estate assets … must indicate which assets the applicant claims are exempt.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §205.002

The official page: Texas Legislature: Estates Code §205.002

The judge’s approval, the homestead, and who is liable if it is wrong

The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter.
If a decedent's homestead is the only real property in the decedent's estate, title to the homestead may be transferred under an affidavit…
Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §§205.003, 205.006(a), 205.007(c)

The official page: Texas Legislature: Estates Code §§205.003, 205.006, 205.007

More for Texas

The same page for other states

FAQ

Common questions

The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative … if: (1) 30 days have elapsed since the date of the decedent's death; (2) no petition for the appointment of a personal representative is pending or has been granted;
(3) the value of the estate assets on the date of the affidavit …, excluding homestead and exempt property, does not exceed $75,000;
(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate; (5) the judge approves the affidavit as provided by Section 205.003; and (6) the distributees comply with Section 205.004.