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Small Estate Affidavit Limits in Texas

In Texas, the heirs of a person who died without a will can use a small estate affidavit filed with and approved by the court 30 days after the death if estate assets, not counting the homestead and exempt property, are worth $75,000 or less; a homestead can pass this way.

Last checked . General information, not legal advice.

Texas at a glance

Maximum estate value
$75,000 (not counting homestead, exempt property)
Value on the date of the affidavit, excluding homestead and exempt property.
Waiting period after death
30 days
Real estate can pass
Only the homestead
Title to the homestead can pass by affidavit when it is the only real property; other real estate cannot.

Sources

Last checked

The rules in Texas

What is the maximum estate value for a small estate affidavit in Texas?

Maximum estate value in Texas: $75,000 (not counting homestead, exempt property). Value on the date of the affidavit, excluding homestead and exempt property.

How long after the death must you wait to use a small estate affidavit in Texas?

Waiting period after death in Texas: 30 days.

Can real estate pass by small estate affidavit in Texas?

Only the homestead. Real estate can pass in Texas: only the homestead. Title to the homestead can pass by affidavit when it is the only real property; other real estate cannot.

Where do the Texas small estate affidavit limits come from?

The rules above come from Tex. Est. Code 205.001, Tex. Est. Code 205.002 and Tex. Est. Code 205.006. Each source is linked on this page. We last checked them in October 2026.

Good to know

The affidavit is available only when the decedent died without a will (intestate).

The affidavit must be sworn by two disinterested witnesses and the distributees, filed with the court clerk and approved by the judge.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.