Texas Small Estate Affidavit Checker

Intestate only, $75,000, homestead excluded from the cap

Under Texas Estates Code Chapter 205, a small estate affidavit is available only when the decedent died without a will, and only when non-exempt probate assets — excluding the homestead and other exempt property — total $75,000 or less. If there's a valid will, this path isn't available at all; consider muniment of title instead.

The one real surprise: the affidavit can still convey the house

Worth knowing: excluding the homestead from the $75,000 cap doesn't put it beyond the affidavit's reach entirely. If the homestead is the only real property in the estate, the same affidavit can convey its title to the surviving spouse or minor children who resided there — other real estate, though, generally cannot transfer this way.

Filed with a court, unlike many states' versions

Unlike some states where the affidavit goes straight to a bank or DMV, Texas requires it to be filed with, and approved by, the county court with probate jurisdiction — typically costing $300-$400 in filing fees, though an attorney isn't usually needed.

A 30-day wait, built in on purpose

At least 30 days must pass since the date of death before filing, and no petition for the appointment of a personal representative can be pending or already granted — the legislature built in the wait specifically to allow a will to surface before the shortcut is used.

Statewide limit, no single statewide court

Harris, Dallas, Travis, and Bexar County among them — the affidavit is filed in whichever local court handles probate in the decedent's county, but the $75,000 threshold applies identically everywhere.

Texas small estate — frequently asked questions

What is Texas's small estate affidavit limit?

$75,000 or less in non-exempt probate assets, excluding the homestead and other exempt property, under Texas Estates Code Chapter 205 — and only available when the decedent died without a will.

Can a Texas small estate affidavit ever transfer the house?

Yes, in one specific circumstance — if the homestead is the only real property in the estate, the affidavit can convey title to it, to the surviving spouse or minor children who resided there, even though the homestead's value itself is excluded from the $75,000 cap.

How long do I have to wait to use Texas's small estate affidavit?

At least 30 days after the date of death, with no petition for the appointment of a personal representative pending or already granted.

What if the decedent left a will?

The small estate affidavit isn't available at all — Texas Estates Code Chapter 205 applies only to intestate estates. A valid will with no unpaid unsecured debts points instead toward muniment of title under Chapter 257.

Does a Texas small estate affidavit need to be filed with a court?

Yes, unlike some states — the affidavit is filed with, and must be approved by, the county court with probate jurisdiction in the county where the decedent resided, typically costing $300-$400 in filing fees.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Texas Estates Code Chapter 205. Actual eligibility depends on the estate's full facts. Confirm with the county probate court or a licensed Texas attorney before acting.