Quick answer: once 30 days have passed, non-exempt assets are at or under $75,000, and no will exists, file the sworn affidavit with the county court and get a judge's approval — then present it to asset holders. Check whether an estate qualifies with the Texas small estate checker.
Step by step
- Wait 30 days from the date of death.
- Confirm there's no will and no petition for a personal representative pending or granted.
- Total non-exempt probate assets, excluding the homestead and other exempt property.
- Complete the sworn affidavit, listing assets, known liabilities, and the distributees entitled to the estate.
- File it with the county court with probate jurisdiction in the decedent's county, and obtain the judge's approval.
- Present the approved affidavit to banks and other asset holders to collect and distribute the property.
A court signs off — a real distinction from many states
Unlike states where the affidavit is a private document handed straight to a bank, Texas requires the affidavit to be filed with, and approved by, the county court with probate jurisdiction. Once approved, it becomes the legal authority asset holders rely on to release the decedent's property.
Perjury exposure is real
Signing the affidavit swears, under penalty of perjury, to the accuracy of the estate's value and who is entitled to the property — a false statement can create personal liability for the signer, so accuracy matters more than speed here.
Genuinely fast, when it applies
When the affidavit fits, it can move an estate from death to distribution in as little as six to eight weeks, without a court hearing, without an appointed executor, and at a fraction of the cost of formal administration.
A local probate attorney can review your estate — many offer a free consultation.
The $75,000 cap and the court-approval requirement apply the same way in Harris, Dallas, Travis, and every other Texas county — only which local court handles the filing differs.