Texas Small Estate: Do I Need Probate?

Quick answer: no will, estate at or under $75,000 excluding homestead — the small estate affidavit. Valid will, no unpaid unsecured debts — muniment of title, often the faster path. No will and mostly real property — an affidavit of heirship. Anything more complex needs full independent administration. Check your own numbers with the Texas small estate checker.

Muniment of title: for a will, without an executor

Worth knowing: per Texas Estates Code Chapter 257 guidance, when there's a valid will and no unpaid unsecured debts — a mortgage secured by the property is fine — the will itself can be admitted to probate as muniment of title. No executor is appointed, no bond is required, and no ongoing administration is needed; the will serves as the legal instrument proving the transfer. The applicant generally must file a sworn affidavit by the 180th day after the order, confirming the will's terms have been fulfilled.

Affidavit of heirship: for real property, without a will

When there's no will and the estate consists primarily of real property, two disinterested witnesses can sign an affidavit of heirship, recorded in the county deed records — no court required. Many title companies, though, want it on record for five years before insuring a sale, worth factoring in if a near-term sale is planned.

The small estate affidavit fills a narrower gap

It's available only for intestate estates, capped at $75,000 in non-exempt assets, and generally can't transfer real property beyond the one homestead exception. Where a will exists, muniment of title is usually the better fit instead.

What skips probate before any threshold matters

Property held in joint tenancy with right of survivorship, community property with right of survivorship, assets in a trust, and accounts or policies with a named beneficiary all pass outside of probate entirely, regardless of a will or the estate's size.

The decision, in order

Is there a valid will with no unpaid unsecured debts? → Muniment of title.
No will, mostly real property? → Affidavit of heirship (allow 5 years before a sale, per most title companies).
No will, non-exempt assets at or under $75,000, 30 days passed? → The small estate affidavit.
None of the above fits → Independent administration, Texas's standard full-probate path.

Facing probate in Texas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Texas attorney

Whichever track applies, filing happens in the county where the decedent resided — a Statutory Probate Court, County Court at Law, or Constitutional County Court, depending on the county.

Do I need probate — frequently asked questions

What is muniment of title, and when does it apply in Texas?

When there's a valid will and no unpaid unsecured debts (a mortgage secured by the property is fine), the will itself can be admitted to probate as muniment of title — no executor is appointed, no bond is required, and the will serves as the instrument proving the transfer.

What must the applicant do after a will is admitted as muniment of title?

Generally file a sworn affidavit by the 180th day after the order, stating whether the will's terms have been fulfilled — a follow-up requirement that keeps the shortcut from becoming a permanent loose end.

What is an affidavit of heirship, and how does it differ from the small estate affidavit?

When there's no will and the estate consists primarily of real property, two disinterested witnesses can sign an affidavit of heirship recorded in the county deed records to establish the chain of title, with no court involvement at all — though many title companies want it on record five years before insuring a sale.

What assets skip Texas probate regardless of estate size?

This page provides general guidance only and is not legal advice. Based on Texas Estates Code Ch. 205, 257. Actual requirements depend on the estate's full facts. Confirm with the county probate court or a licensed Texas attorney before acting.

Do I Need Probate in Texas?