Small estate affidavit in Texas: limit, waiting period, form and where to file
Texas lets heirs collect a small estate with the Small Estate Affidavit instead of probate when the estate is under $75,000, at least 30 days have passed, and no will exists. The affidavit is filed with the county court.
| Limit | $75,000 — excluding the homestead and exempt property |
|---|---|
| Waiting period | 30 days from the date of death |
| With a will? | Texas only allows the affidavit when there is no will. With a will, the usual shortcut is probating the will as a muniment of title. |
| Real estate? | Only the homestead can pass by affidavit, and only to a surviving spouse or minor children; any other real estate means probate. |
| Form | Small Estate Affidavit (Estates Code chapter 205) Tex. Estates Code §§205.001–205.009 |
| Where it goes | Filed with the county probate court, which issues certified copies for the bank |
| Signing | Every heir signs, plus two disinterested witnesses, all sworn before a notary; the probate judge must approve the affidavit before it has any effect |
Check whether your estate qualifies in Texas
Texas · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Texas different
Texas is the only large state where the affidavit is a court filing that a judge approves — most counties review it without a hearing, but a missing witness signature or an heir left off the family-history section is the top reason for rejection.
The homestead is the exception that makes Texas affidavits useful: a house can pass to the surviving spouse or minor children by affidavit even though other real estate can't. The affidavit is then recorded in the county deed records.
Many Texas county clerks publish their own affidavit template and checklist (Dallas, Harris and Travis do). Use the county's version when one exists — clerks reject generic forms that omit the family-history table.
Texas counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Texas counties people ask about most:
≈ $300–$400 filing feeTX · FILES WITH COURTDallas County small estate affidavitDallas County Clerk, Probate Division, Records Building, 500 Elm St, Dallas
≈ $290 filing feeTX · FILES WITH COURTBexar County small estate affidavitBexar County Clerk, Probate Courts, Paul Elizondo Tower, 101 W Nueva St, San Antonio
≈ $310 filing feeTX · FILES WITH COURTTravis County small estate affidavitTravis County Clerk, Probate Division, 5501 Airport Blvd, Austin
≈ $290 filing feeTX · FILES WITH COURTTarrant County small estate affidavitTarrant County Clerk, Probate Courts, 100 W Weatherford St, Fort Worth
≈ $290 filing feeTX · FILES WITH COURTDenton County small estate affidavitDenton County Clerk, Probate, 1450 E McKinney St, Denton
≈ $290 filing feeTX · FILES WITH COURTEl Paso County small estate affidavitEl Paso County Clerk, Probate Court, 500 E San Antonio Ave, El Paso
≈ $300 filing fee
Step by step in Texas
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Texas's limit ($75,000).
- Wait 30 days. Texas requires 30 days from the date of death.
- Complete and sign the Texas form. Small Estate Affidavit (Estates Code chapter 205). Every heir signs, plus two disinterested witnesses, all sworn before a notary; the probate judge must approve the affidavit before it has any effect.
- File with the county court. The clerk issues certified copies; take one to each bank, the DMV and the employer.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Texas banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know Tex. Estates Code §§205.001–205.009, the bank wants its own form as well, the waiting period was miscounted, or they want the court's certified copy rather than your original. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Texas requires probate instead
Over the limit, real estate the affidavit can't move, a will (in Texas), or a creditor who won't accept the affidavit — any of these means a probate track: independent administration or a muniment of title. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Texas; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Texas?
$75,000 — excluding the homestead and exempt property. Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Texas?
30 days from the date of death. The affidavit is filed with the county court after that.
Does the Texas small estate affidavit work if there is a will?
Texas only allows the affidavit when there is no will. With a will, the usual shortcut is probating the will as a muniment of title.
Can I use a small estate affidavit for a house in Texas?
Only the homestead can pass by affidavit, and only to a surviving spouse or minor children; any other real estate means probate.
Do I need a lawyer for a small estate affidavit in Texas?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Texas counties are covered?
Harris County, Dallas County, Bexar County, Travis County, Tarrant County, Denton County, El Paso County. Each county page names the office, the fee and any local form requirement.
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