Texas small estate affidavit: $75,000 limit, 30-day wait and a judge's approval

A Texas small estate affidavit under Estates Code chapter 205 is available only when the person died without a will, at least 30 days have passed since the death, and the estate assets on the date of the affidavit, excluding homestead and exempt property, are worth $75,000 or less. The affidavit is filed with the court clerk and works only if the judge approves it. The $75,000 figure took effect on September 1, 2017, replacing $50,000, and chapter 205's history notes list no amendment since then.

Figures above were read from Texas Estates Code chapter 205 on the Texas Legislature's statute site and from the enrolled text of H.B. 2271 (2017) on 2026-10-11. See sources.

This page is general information, not legal advice. Whether the affidavit fits depends on the facts of the estate; a probate attorney or the court's self-help resources can help with a specific case.

The conditions in section 205.001

Section 205.001 says the distributees of a decedent who dies intestate are entitled to the estate without waiting for a personal representative, to the extent the estate assets (excluding homestead and exempt property) exceed the known liabilities (excluding liabilities secured by homestead and exempt property), if all of the following are true:

1. "(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. "(3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;"
4. An affidavit meeting 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 under section 205.003.
6. The distributees give certified copies to the people who hold estate property, as section 205.004 requires.

What counts toward $75,000

• The value is taken on the date of the affidavit. Section 205.001(3) uses the value "on the date of the affidavit", not the value on the date of death.
• Homestead and exempt property are left out. Section 205.009 says these words mean only a homestead or other exempt property that would be eligible to be set aside under section 353.051 if the estate were being administered. Section 353.051 sets aside the homestead for the surviving spouse and minor children, and other exempt property described in Property Code section 42.002(a) for the surviving spouse, minor children, unmarried adult children remaining with the family, and adult children who are incapacitated.
• Exempt assets must be marked. Section 205.002(b): "A list of all known estate assets under Subsection (a)(3)(A) must indicate which assets the applicant claims are exempt."
• Assets must exceed debts. The entitlement applies only to the extent the non-exempt assets exceed the known liabilities, not counting liabilities secured by the homestead or exempt property.

Who signs, and what the affidavit must contain

Under section 205.002, the affidavit must be sworn to by "(A) two disinterested witnesses;" by each distributee who has legal capacity, and, if the facts call for it, by the natural guardian or next of kin of a minor distributee or the guardian of another incapacitated distributee. It must show the 30-day, no-petition and $75,000 conditions, and include a list of all known estate assets and liabilities, the name and address of each distributee, and the family history facts that show each distributee's right to inherit.

After the judge approves it: banks and other holders

The judge examines the affidavit, and section 205.003 says: "The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter." After approval:

• The distributees give a copy certified by the court clerk to each person who owes money to the estate or holds estate property, such as a bank (section 205.004).
• A person who pays or transfers property under the affidavit is released as if paying a personal representative, and does not have to look into the truth of the affidavit (section 205.007(a)).
• Each person who signed the affidavit is liable for loss caused by a payment or transfer made in reliance on it (section 205.007(c)).
• If a holder refuses, the distributees can bring a court action to recover the property (section 205.007(d)).
• The approved affidavit is kept as a local government record, or recorded in a "Small Estates" book where the county does not keep such records (section 205.005).

Real estate: only a homestead that is the only real property

Section 205.006(a): "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 that meets the requirements of this chapter." The same subsection adds: "The affidavit used to transfer title to the homestead must be recorded in the deed records of a county in which the homestead is located."

Section 205.008(b) closes the door on other land: "Except as provided by Section 205.006, this chapter does not transfer title to real property." Section 205.006(b) and (c) also set rules for buyers who rely on a recorded affidavit and for heirs left out of it.

History of the $75,000 figure, and the 2025 session

The Legislature's statute service says its text is "current through the 89th 2nd Called Legislative Session, 2025." The figure is a fixed dollar amount in the statute; chapter 205 contains no inflation adjustment.

Forms: no statewide form from the Supreme Court of Texas

• Since September 1, 2015, Government Code section 22.020 has directed the Supreme Court of Texas to promulgate, as it considers appropriate, forms for self-represented people, including for "(A) a small estate affidavit proceeding under Chapter 205, Estates Code; and" the probate of a will as a muniment of title. Under the same section, a probate court must accept such a form unless it is completed in a way that causes a substantive defect that cannot be cured.
• On July 26, 2023, the Supreme Court of Texas asked its Supreme Court Advisory Committee to review a proposed small estate affidavit kit that the Court's Probate Forms Task Force submitted on July 6, 2023.
• On 2026-10-11, the Texas Judicial Branch forms page listed will forms and a Transfer on Death Deed Kit under Probate & Guardianship, and no small estate affidavit form.
• TexasLawHelp.org, which says it is managed by Texas Legal Services Center, a nonprofit, offers a Small Estate Affidavit form for download.
• Some county courts require their own form. The Dallas County Probate Court's checklist, updated in August 2017, says "the Court requires that applicants use the SEA form that is available on the Court's website".
• Vehicles have a separate state form: TxDMV form VTR-262, Affidavit of Heirship for a Motor Vehicle (Rev 11/20).

Chapter 205 applies only when the decedent died intestate. Texas law has a separate procedure for probating a will as a muniment of title (Estates Code chapter 257). For other states, see small estate limits in the 10 largest states; California's rules are on the California small estate limit page.

What we could not confirm

• Current filing fees. The Dallas County checklist from August 2017 mentions a $217 filing fee; we did not confirm the current amount in Dallas County or in any other county.
• Harris County Clerk's small estate instructions: the site's robots.txt does not allow automated reading, so we did not read them. Tarrant County's probate pages could not be read either (robots.txt unavailable).
• Whether the Supreme Court of Texas will adopt a statewide small estate affidavit form. We found no order adopting one, and the court's forms page lists none.
• Whether a particular county court accepts the TexasLawHelp.org form. Some courts require their own form.

Sources

• Estates Code chapter 205, Small Estate Affidavit - Texas Constitution and Statutes, Texas Legislature, read 2026-10-11
• Estates Code chapter 353, Exempt Property and Family Allowance - Texas Constitution and Statutes, read 2026-10-11
• Estates Code chapter 51, section 51.057 - Texas Constitution and Statutes, read 2026-10-11
• Estates Code chapter 257, Probate of Will as Muniment of Title - Texas Constitution and Statutes, read 2026-10-11
• Government Code section 22.020, Promulgation of Certain Probate Forms - Texas Constitution and Statutes, read 2026-10-11
• H.B. 3136, 84th Legislature (2015), enrolled version - Texas Legislature Online, read 2026-10-11
• H.B. 2271, 85th Legislature (2017), enrolled version - Texas Legislature Online, read 2026-10-11
• S.B. 1448, 89th Legislature (2025), enrolled version - Texas Legislature Online, read 2026-10-11
• Forms page (Probate & Guardianship) - Texas Judicial Branch, read 2026-10-11
• Referral of Rules Issues, letter of July 26, 2023 to the Supreme Court Advisory Committee - Supreme Court of Texas (PDF), read 2026-10-11
• About Us and Small Estate Affidavit form - TexasLawHelp.org, form, read 2026-10-11
• Dallas County Small Estate Affidavit Checklist - Dallas County Probate Court (PDF), read 2026-10-11
• Form VTR-262, Affidavit of Heirship for a Motor Vehicle - Texas Department of Motor Vehicles (PDF), read 2026-10-11

Source links are not affiliate links. This page is general information, not legal, tax or financial advice.